26 Sept 2024
TO PETER (previously known as TO KAM FAI PETERMILK) AND OTHERS v. WONG KAN TAK
- Citation
- [2024] HKCFI 2600
- Court
- Court of First Instance
- Case number
- HCMP1442/2023
Given the extreme antiquity of the Mortgage (over 120 years), continuous undisturbed possession by the mortgagor and successors, the failure to locate the mortgagee or descendants despite enquiries, and absence of demands or acknowledgements, the court could infer the mortgagee is time‑barred and therefore the Mortgage is no longer subsisting or capable of taking effect; accordingly a declaration to that effect was granted.