28 Feb 2012
CHOY PO CHUN AND ANOTHER v. AU WING LUN
- Citation
- CHOY PO CHUN AND ANOTHER v. AU WING LUN
- Court
- Court of Appeal
- Case number
- CACV149/2011
Summary judgment was inappropriate because credible triable issues existed on execution and, crucially, on the deceased's testamentary capacity which required assessment of the severity and impact of dementia at the time of execution by oral evidence; accordingly the defendant was to be granted unconditional leave to defend and the matter remitted for trial; leave to file the late reply/rejoinder was set aside and remitted for fresh determination by the judge.