25 Mar 2010
RE LIGHT TIME INVESTMENTS LTD
- Citation
- RE LIGHT TIME INVESTMENTS LTD
- Court
- Court of First Instance
- Case number
- HCMP333/2010
The one-stage approach is impermissible because s12A(2) gives the court a discretion that only arises upon payment into court under s12A(1); making a declaration before payment would extinguish that discretion and exceed the court's statutory jurisdiction. Therefore the correct course is to order payment into court, require advertisement/notice to protect missing encumbrancers, and permit a subsequent s12A(2) application after appropriate notice period.