LUI MING LOK v. NG IM FONG LORETTA

LUI MING LOK v. NG IM FONG LORETTA

Section 20(2)(c) and (d) of the Matrimonial Causes Ordinance, read in context with the legislative history adopting the English Nullity of Marriage Act 1971, constitute a comprehensive code dealing with unsoundness of mind; unsoundness of mind in its forms is a ground of voidability only and does not preserve a...

Source-derived case information.

Citation
[2020] HKCFI 1243
Parties
Plaintiff: Plaintiff; Defendant: Defendant; Deceased: Lui Kwan Cheung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 August 2020
Case Number
HCAP28/2019
Procedural Posture
Probate Action With Related Nullity/will Challenges; Appeal From Master's Dismissal of Striking Out Summons / Hearing De Novo on Appeal From Master; Decision on Striking Out Application
Outcome
Appeal allowed in part. The plaintiff's pleading that the 2010 marriage was void ab initio for want of the deceased's mental capacity is struck out. Remaining causes of action (challenge to 2010 Will for lack of testamentary capacity and undue influence; revocation of probate) are not struck out and proceed.
Legal Topics
Void Marriages, Voidable Marriages, Testamentary Capacity, Undue Influence, Revocation of Probate, Locus Standi, Construction of S.20 Matrimonial Causes Ordinance
Source Language
en
Probate Succession Family Law Statutory Interpretation Capacity Law Void Marriages Voidable Marriages Testamentary Capacity +4 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Lui Kwan Cheung

Deceased

Procedural Posture

Probate Action With Related Nullity/will Challenges; Appeal From Master's Dismissal of Striking Out Summons / Hearing De Novo on Appeal From Master; Decision on Striking Out Application

Legal Issues

  1. 1 Whether section 20 of the Matrimonial Causes Ordinance preserves a common law rule that unsoundness of mind can render a marriage void ab initio
  2. 2 Whether a third party (beneficiary) has locus standi to seek a declaration that a marriage is void
  3. 3 Whether the plaintiff's pleaded claim that the 2010 marriage was void is legally sustainable or must be struck out

Ratio Decidendi

Section 20(2)(c) and (d) of the Matrimonial Causes Ordinance, read in context with the legislative history adopting the English Nullity of Marriage Act 1971, constitute a comprehensive code dealing with unsoundness of mind; unsoundness of mind in its forms is a ground of voidability only and does not preserve a residual common law ground rendering a marriage void ab initio. Therefore the plaintiff's pleaded claim that the 2010 marriage was void for lack of mental capacity is legally unarguable and must be struck out; other challenges to the 2010 will (lack of testamentary capacity, undue influence) and revocation of probate remain for trial.

Court Disposition

Appeal allowed in part. The plaintiff's pleading that the 2010 marriage was void ab initio for want of the deceased's mental capacity is struck out. Remaining causes of action (challenge to 2010 Will for lack of testamentary capacity and undue influence; revocation of probate) are not struck out and proceed.

Orders

  • Strike out the plea that the 2010 Marriage is void ab initio on the ground of the Deceased's mental incapacity
  • Leave for parties to consider positions and file costs submissions on the following timetable: defendant to file costs submissions within 14 days; plaintiff to file costs submissions within 14 days thereafter; defendant to file any reply costs submissions within 7 days thereafter