31 Dec 2001
RE CHEUNG CHI WANG AND ANOTHER
- Citation
- RE CHEUNG CHI WANG AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP6097/2001
Section 12A authorises a three-stage procedure and, by necessary implication, permits an applicant to commence proceedings by ex parte originating summons when appropriate; however the statutory criteria for its exercise must be strictly established with adequate evidence of efforts to locate or identify the encumbrancer. On the facts the mortgage likely no longer subsists and the Section 12A criteria were not satisfied, so the application was adjourned sine die with liberty to restore.