23 May 2019
YANG FOO-OI by LEUNG PING CHIU, ROY her next friend v. WAI WAI CHEN AND ANOTHER
- Citation
- [2019] HKCFI 1312
- Court
- Court of First Instance
- Case number
- HCA1739/2010
The court confirmed that the Next Friend has the power and capacity to issue the Rectification Summons because (a) the rectification claim falls within the remit to determine Yang's locus to sue and is a legitimate alternative to construction of the Gift Documents, (b) opposing parties cannot ordinarily defeat a next friend's authority by adversarial evidence where their interest conflicts with the incapacitated person's interests, and (c) there was no cogent evidence of actual conflict or undue influence by Angela to justify denial of capacity.