LAM MEE KING v. WONG KUO SUN JOHN

LAM MEE KING v. WONG KUO SUN JOHN

Medical expert evidence on the deceased's capacity is relevant and necessary for trial determination of capacity and therefore admissible; valuation evidence is relevant to the issue of the deceased's intention to sell the whole or part of the property and therefore admissible provided the joint valuation is prepared on the correct basis (without vacant possession); the Master's order should be upheld with those qualifications and directions for compliance.

Citation
LAM MEE KING v. WONG KUO SUN JOHN
Parties
Appellant: Plaintiff; Respondent: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 April 2011
Case Number
DCCJ2408/2009
Procedural Posture
Civil Appeal (interlocutory) / Hearing on Appeal Under Order 58 (re Hearing)
Outcome
Appeal dismissed
Legal Topics
Capacity to Contract, Admissibility of Expert Evidence, Valuation of Property, Leave to Adduce Expert Evidence, Misrepresentation / Mistake
Source Language
EN
Contract Evidence Civil Procedure Property Capacity to Contract Admissibility of Expert Evidence Valuation of Property Leave to Adduce Expert Evidence +1 more

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Parties

Plaintiff

Appellant

Defendant

Respondent

Procedural Posture

Civil Appeal (interlocutory) / Hearing on Appeal Under Order 58 (re Hearing)

Legal Issues

  1. 1 Whether medical expert evidence regarding the deceased's mental capacity should be admitted
  2. 2 Whether a valuation report is relevant and admissible and on what basis it should be prepared
  3. 3 Whether the Master’s order granting leave to adduce expert evidence should be varied

Ratio Decidendi

Medical expert evidence on the deceased's capacity is relevant and necessary for trial determination of capacity and therefore admissible; valuation evidence is relevant to the issue of the deceased's intention to sell the whole or part of the property and therefore admissible provided the joint valuation is prepared on the correct basis (without vacant possession); the Master's order should be upheld with those qualifications and directions for compliance.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed and paragraph 1-4 of the Master’s order dated 22 February 2011 do stand except for the words 'with vacant possession at the time of sale' to be inserted at the end of paragraph 3 and the words 'on quantum' be deleted from paragraph 3
  • Parties do write to the CMC Master within 14 days by way of joint written application stating the directions required for the obtaining of the medical report as well as the valuation report