Hong Kong Case Law: Decisions & Judgments

Topic

Appointment of next friend

Legal area

Court

19 May 2023

LAU MING FAI v. JONES LANG LASALLE MANAGEMENT SERVICES LTD

Citation

[2023] HKDC 675
Court

District Court
Case number

DCPI518/2022

Medical evidence established the plaintiff was a mentally incapacitated person before the writ was issued, therefore RDC Order 80 r 3(5) did not apply; an order appointing a next friend was not required under r 3(2); the plaintiff's solicitor's certificate was defective for failing to state grounds of knowledge and whether any person authorized under Part II of the Mental Health Ordinance exists; summons dismissed and solicitor ordered to file an amended certificate.
17 Mar 2010

CHAN KA YI v. DBS BANK (HONG KONG) LTD

Citation

CHAN KA YI v. DBS BANK (HONG KONG) LTD
Court

District Court
Case number

DCEC1631/2006

The court exercised its discretion to refuse a full trial of preliminary issues because such a trial would be duplicative, potentially unfair, and incapable of resolving all relevant evidence (notably orthopaedic evidence and fluctuating psychiatric condition); for the limited interlocutory purpose of authorising the solicitor and protecting legal aid, the court accepted Dr Leung's evidence and granted the next friend appointment while preserving the Respondent's right to challenge capacity at the main trial and reserving costs.
11 Dec 2008

CHAN HON FAI v. NG CHIU CONSTRUCTION CO LTD AND ANOTHER

Citation

CHAN HON FAI v. NG CHIU CONSTRUCTION CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI1028/2004

The striking out application was dismissed because, despite inordinate delay, the defendant failed to demonstrate consequent prejudice; substitution of the agreed SJE was refused because there was no demonstrated error, want of reason or bias that would warrant replacement, but a supplemental SJE psychiatric report updating the plaintiff's condition was ordered with specified materials and strict time limits; case management directions and costs orders were made to address delay and secure progress.
17 Dec 1979

LO CHUNG HING v. LIN KUO PING

Citation

LO CHUNG HING v. LIN KUO PING
Court

Court of First Instance
Case number

HCA1838/1977

The defendant failed to prove on the balance of probabilities that the plaintiff was, apart from short episodic periods, so mentally disordered as to be incapable of managing and administering his affairs within the meaning of Order 80 r.1; the court cannot proceed under the Mental Health Ordinance absent compliance with its statutory procedures; accordingly the defendant's summons is dismissed.

Hong Kong Case Law

LAU MING FAI v. JONES LANG LASALLE MANAGEMENT SERVICES LTD

CHAN KA YI v. DBS BANK (HONG KONG) LTD

CHAN HON FAI v. NG CHIU CONSTRUCTION CO LTD AND ANOTHER

LO CHUNG HING v. LIN KUO PING