RE WSY

RE WSY

Where the MIPs' estates are complex and relatives are antagonistic the court should appoint an independent professional committee and not permit Part II applications to be used as a forum for intra-family forensic disputes; evidence in the application need only provide sufficient pointers for a neutral committee to investigate, and costs should be apportioned so that estates do not bear unnecessary inflated legal costs, with specified orders against a party who caused unnecessary hearings.

Citation
RE WSY
Parties
Mentally Incapacitated Person: M; Mentally Incapacitated Person: S; Applicant (step Son): C; Applicant (step Grandson): Y; Guardian / Proposed Committee: Director of Social Welfare; Official Solicitor / Proposed Committee Member: Official Solicitor; Appointed Committee for Both Mips: Accountant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2012
Case Number
HCMH78/2011
Procedural Posture
Mental Health Ordinance Part II Committee Appointment / Costs Determination Following Appointment of Committees
Outcome
Accountant appointed as committee for both MIPs by consent; costs apportioned between estates and parties; specific cost liabilities ordered against Y; estates ordered to bear Official Solicitor and DSW costs on indemnity basis.
Legal Topics
Appointment of Committee, Allocation of Costs, Section 7 Evidence Requirements, Use of Part II Proceedings for Disclosure, Appointment of Independent Professional Committee
Source Language
EN
Mental Health Law Guardianship Costs Trusts and Estates Probate Appointment of Committee Allocation of Costs Section 7 Evidence Requirements +2 more

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Parties

M

Mentally Incapacitated Person

S

Mentally Incapacitated Person

C

Applicant (step Son)

Y

Applicant (step Grandson)

Director of Social Welfare

Guardian / Proposed Committee

Official Solicitor

Official Solicitor / Proposed Committee Member

Accountant

Appointed Committee for Both Mips

Procedural Posture

Mental Health Ordinance Part II Committee Appointment / Costs Determination Following Appointment of Committees

Legal Issues

  1. 1 Whether the estates should bear all costs of competing Part II applications
  2. 2 Proper scope of evidence of property under s.7 of the Mental Health Ordinance in complex estates
  3. 3 Appropriate composition of committees where relatives are antagonistic

Ratio Decidendi

Where the MIPs' estates are complex and relatives are antagonistic the court should appoint an independent professional committee and not permit Part II applications to be used as a forum for intra-family forensic disputes; evidence in the application need only provide sufficient pointers for a neutral committee to investigate, and costs should be apportioned so that estates do not bear unnecessary inflated legal costs, with specified orders against a party who caused unnecessary hearings.

Court Disposition

Accountant appointed as committee for both MIPs by consent; costs apportioned between estates and parties; specific cost liabilities ordered against Y; estates ordered to bear Official Solicitor and DSW costs on indemnity basis.

Orders

  • An accountant is appointed as committee for both MIPs with the consent of the applicants.
  • The estates of the MIPs shall bear the costs of all four applications only up to filing in court and service on one another.