Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Appointment and powers of committee under mental health proceedings
  • 28 Jan 2016

    CHU KWOK KEE KOOKIE v. MING CHOR PAO AND ANOTHER

    Citation
    CHU KWOK KEE KOOKIE v. MING CHOR PAO AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP704/2015

    The 2nd Defendant's summary application to dismiss/strike out was dismissed because the central issue of the donor's mental capacity at execution of the EPA is hotly contested and requires a full trial with medical evidence; the plaintiff's application to withdraw was refused in favour of adjourning the present action sine die with liberty to restore pending determination of the defendant's appeal (CACV 162/2015) to avoid prejudice and duplicity of proceedings; costs ordered accordingly.

    • Validity of enduring power of attorney
    • Appointment and powers of committee under mental health proceedings
    • Strike out/summary dismissal
    • Duplicate proceedings and adjournment sine die
    • Costs orders