10 Mar 2021
The Prohibitory Order had not been reregistered and therefore expired five years after 1938 under s17; the plaintiff established title, conducted searches and inquiries, and effected substituted service with no response; on that basis the court exercised its inherent jurisdiction to order the vacating of the registration of the 1938 Prohibitory Order.
20 Oct 2017
Having found the 2nd defendant made diligent and extensive searches and enquiries and that the 1st defendant (the deceased's estate) is a party directly affected, the court held it was appropriate to appoint the Official Solicitor to represent the deceased's estate for the limited purpose of accepting service of the Notice of Appeal and Notice of Setting Down; the Official Solicitor's prior appointment in separate proceedings did not preclude appointment for this separate appeal; time for service and subsequent appeal steps was extended and advertising of the hearing was ordered.
12 Mar 2001
The court found the petitioner established the debt by contemporaneous company documents and repeated acknowledgements; the company failed to adduce substantive evidence despite leave and substituted service by advertisement was properly effected, therefore no bona fide dispute existed and a winding up order was appropriate.
24 Oct 2000
On the balance of probabilities the mortgage was created not later than March 1905 and the mortgagee's rights to receive payment and to bring foreclosure were extinguished by the statute of limitation; accordingly the mortgage is no longer subsisting or is unenforceable and a declaration is granted under ss.7(2) and 19 of the Limitation Ordinance (Cap.347).