Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mental incapacity and undue influence
  • 7 Nov 2013

    LAM CHI MING v. LEUNG HOP FOOK AND OTHERS

    Citation
    LAM CHI MING v. LEUNG HOP FOOK AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA1590/2011

    Leave to appeal out of time was refused because the delay (11 months) was excessive without satisfactory explanation, the proposed grounds lacked sufficient merit (Yuen failed to show an arguable defence based on incapacity or unfairness) and Lam would be prejudiced; accordingly the appeal was dismissed and enforcement of the Tomlin order by specific performance (assignment of the Property) was ordered under the Judgment and s25A HCO.

    • Specific performance
    • Tomlin order enforcement
    • Mediation settlement
    • Mental incapacity and undue influence
    • Extension of time to appeal
    • Admissibility of new evidence on appeal