HHY 對 九龙医院及另二人

HHY 對 九龙医院及另二人

The Court refused leave because the applicant failed to show substantial grounds that any defendant acted insincerely or lacked reasonable care; the judge's factual assessment was supported by evidence (including treating doctor's notes and supervisory decision-making), and the newly filed materials did not satisfy...

Source-derived case information.

Citation
[2025] HKCA 536
Parties
Applicant / Plaintiff: HHY; First Defendant: 九龙医院; Second Defendant: 医管局; Third Defendant (nurse): 何卓斌
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
4 June 2025
Case Number
CAMP2/2025
Procedural Posture
Civil Application for Leave to Sue Under Mental Health Ordinance S69 and Permission to Appeal to Court of Appeal / Application for Leave to Appeal to Court of Appeal (leave Refused)
Outcome
Leave to appeal refused; costs awarded to defendants
Legal Topics
Leave to Sue Under Mental Health Ordinance S69, Admission of Fresh Evidence (ladd V Marshall), Standard of Review on Permission Applications, Costs and Summary Assessment
Source Language
ch
Mental Health Law Civil Procedure Medical Law Evidence Law Leave to Sue Under Mental Health Ordinance S69 Admission of Fresh Evidence (ladd V Marshall) Standard of Review on Permission Applications Costs and Summary Assessment

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Parties

HHY

Applicant / Plaintiff

九龙医院

First Defendant

医管局

Second Defendant

何卓斌

Third Defendant (nurse)

Procedural Posture

Civil Application for Leave to Sue Under Mental Health Ordinance S69 and Permission to Appeal to Court of Appeal / Application for Leave to Appeal to Court of Appeal (leave Refused)

  1. 1 Whether applicant demonstrated substantial grounds that defendants acted insincerely or lacked reasonable care under MHO s69
  2. 2 Whether fresh documents filed at appeal meet Ladd v Marshall criteria for admission
  3. 3 Whether the Court of Appeal should disturb the trial judge's refusal of permission absent clear error

Ratio Decidendi

The Court refused leave because the applicant failed to show substantial grounds that any defendant acted insincerely or lacked reasonable care; the judge's factual assessment was supported by evidence (including treating doctor's notes and supervisory decision-making), and the newly filed materials did not satisfy the Ladd v Marshall requirements or alter prospects of success.

Court Disposition

Leave to appeal refused; costs awarded to defendants

Orders

  • Leave to appeal refused
  • Applicant to pay respondents' costs of this application assessed summarily