15 Mar 2019
C v. B
- Citation
- [2019] HKCA 321
- Court
- Court of Appeal
- Case number
- CACV83/2018
The Court of Appeal upheld the judge's discretionary refusal to appoint a Part II committee. The best interests standard, properly applied, permits giving due weight to a mentally incapacitated person's prior wishes and to validly executed EPOAs. Absent positive findings of abuse or undue influence and in light of countervailing factors (multiplicity of proceedings, pending High Court litigation, potential for misuse of Part II, costs, lack of evidential sufficiency), it was not in Mrs A's best interests to appoint a committee solely to investigate the Impugned Documents; the judge's exercise…