Read the full judgment text of HCMP 004945/2002 on BabelCite. This High Court CFI judgment was delivered on 8 January 2003 before Deputy High Court Judge Lam.
Real property – mortgage – discharge of stale mortgage – encumbrancer cannot be found – section 12A of the Conveyancing and Property Ordinance (Cap. 219) – jurisdiction – ex parte application – Land Registry record showing mortgage remark – Block Government Lease – Limitation Ordinance (Cap. 347) – due diligence in locating encumbrancer – notional interest rate – $65.00 paid into court – leave granted to apply for declaration freeing property from mortgage – Re an application by Cheung Chi Wang [2002] 1 HKLRD 409 applied
Legal issues: Jurisdiction under section 12A of the Conveyancing and Property Ordinance · Mode of application under section 12A
Outcome: Leave granted to the Plaintiff to pay into court the sum of $65.00 on account of principal and interest due in respect of the mortgage, with liberty to apply for a declaration freeing the Property from the mortgage upon payment.
Cited by 5 cases