G, by his next friend CHAN LUI LUNA v. BVR AND OTHERS

G, by his next friend CHAN LUI LUNA v. BVR AND OTHERS

Given the Mother's specific allegations about events during the Temporary Guardian's short guardianship and the social welfare reports indicating relevant concerns, the interrogatories seeking information about the Temporary Guardian were relevant and necessary for disposing fairly of disputed issues in the wardship proceedings; accordingly the court allowed the Mother to administer the interrogatories and dismissed the plaintiff's summons to withdraw them.

Citation
G, by his next friend CHAN LUI LUNA v. BVR AND OTHERS
Parties
Plaintiff (ward): G (by his next friend Chan Lui Luna); 1st Defendant (mother): BVR; 2nd Defendant: Director of Social Welfare; 3rd Defendant: International Social Service
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 January 2017
Case Number
HCMP1803/2014
Procedural Posture
Wardship / Guardianship of Minors Proceedings / Interlocutory Application Concerning Interrogatories Prior to Full Trial (trial Fixed for January 2018)
Outcome
Plaintiff's summons of 5 September 2016 dismissed; Mother's interrogatories of 22 August 2016 permitted to be administered.
Legal Topics
Wardship, Guardianship, Interrogatories, Best Interests of the Child, Disclosure
Source Language
EN
Family Law Child Welfare Civil Procedure Wardship Guardianship Interrogatories Best Interests of the Child Disclosure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

G (by his next friend Chan Lui Luna)

Plaintiff (ward)

BVR

1st Defendant (mother)

Director of Social Welfare

2nd Defendant

International Social Service

3rd Defendant

Procedural Posture

Wardship / Guardianship of Minors Proceedings / Interlocutory Application Concerning Interrogatories Prior to Full Trial (trial Fixed for January 2018)

Legal Issues

  1. 1 Whether the Mother may administer interrogatories to obtain information about the Temporary Guardian and events during the Guardianship Period
  2. 2 Whether the interrogatories relate to a matter in question and are necessary for disposing fairly or saving costs under Order 26
  3. 3 Whether allegations about the Temporary Guardian and causation of the child's emotional disturbance/self-harm are relevant to the wardship inquiry

Ratio Decidendi

Given the Mother's specific allegations about events during the Temporary Guardian's short guardianship and the social welfare reports indicating relevant concerns, the interrogatories seeking information about the Temporary Guardian were relevant and necessary for disposing fairly of disputed issues in the wardship proceedings; accordingly the court allowed the Mother to administer the interrogatories and dismissed the plaintiff's summons to withdraw them.

Court Disposition

Plaintiff's summons of 5 September 2016 dismissed; Mother's interrogatories of 22 August 2016 permitted to be administered.

Orders

  • Allow the 1st Defendant to administer the Interrogatories filed on 22 August 2016
  • Dismiss the plaintiff's summons issued on 5 September 2016