Hong Kong Case Law: Decisions & Judgments

Topic

Mental capacity assessment

Legal area

Court

15 Oct 2021

RE HVD

Citation

[2021] HKCFI 3213
Court

Court of First Instance
Case number

HCMH48/2021

There was sufficient objective medical evidence raising serious doubt about HVD's mental capacity and a clear connection with Hong Kong to engage the court's protective jurisdiction; the applicants should have disclosed the statutory declaration but its nondisclosure was not material enough to discharge the injunction; balance of convenience favoured maintaining the injunction pending a proper inquiry, subject to a limited temporary stay to permit a video-link medical examination in Singapore to be conducted by the applicants' nominated psychiatrist by 5 November 2021.
31 Jul 2018

KO SIU YUNG v. CHEUNG HAY LEE HAILEY

Citation

[2018] HKCFI 1797
Court

Court of First Instance
Case number

HCMP2362/2017

Having found on the undisputed joint psychiatric evidence that the donor was mentally capable to revoke the EPA and that the defendant had misled the donor, extracted funds and deliberately delayed and obstructed the litigation, the court awarded costs to the plaintiff on an indemnity basis to compensate for and reflect the defendant's oppressive conduct; costs to be summarily assessed.
2 Mar 2018

C v. B

Citation

[2018] HKCFI 467
Court

Court of First Instance
Case number

HCMH19/2016

The court refused to appoint a Part II committee because, on the evidence, there were insufficient positive findings of abuse or undue influence to justify overriding the donor's autonomy embodied in duly executed EPOAs; the MIP's pre-incapacity wishes carried significant weight; appointment risked intrusive collateral use of confidential materials, multiplicity and duplication with existing proceedings, and practical futility given the context; disclosure of court-appointed experts' reports for other proceedings was refused to protect confidentiality and prevent abuse of the Part II forum.
24 Feb 2017

DAIMLER AG v. HELGE HERBERT LEIDUCK AND ANOTHER

Citation

DAIMLER AG v. HELGE HERBERT LEIDUCK AND ANOTHER
Court

Court of First Instance
Case number

HCA4089/1994

On the available material the court was satisfied the 1st defendant was in need of a next friend due to pervasive cognitive decline evidenced in medical reports and trial testimony; balancing practical realities (location in Germany, need to obtain local medical records and witnesses, existing familiarity of Mr Leiduck Jr with the case) and absence of any other fit and willing person, the court appointed Mr Helge Leiduck Jr as next friend and ordered limited costs against the 1st defendant for the plaintiff's B&M Letter to be assessed summarily.

Hong Kong Case Law

RE HVD

KO SIU YUNG v. CHEUNG HAY LEE HAILEY

C v. B

DAIMLER AG v. HELGE HERBERT LEIDUCK AND ANOTHER