Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Order 80 rules of the district court

Legal area

Court

24 Jun 2015

CHEUNG KWAI YIN v. MORAL LUCK FINANCE LTD

Citation

CHEUNG KWAI YIN v. MORAL LUCK FINANCE LTD
Court

Court of Final Appeal
Case number

FACV5/2015

The Court held that the lower courts erred by imposing a Part II MHO‑level evidential threshold and by permitting the plaintiff to oppose a protective appointment; where the statutory criteria and solicitor's certificate under Order 80 are met (and the defendant falls within the MHO definition), the proposed guardian ad litem is entitled to appear without a preliminary court inquiry, and the applicant should be appointed so the defendant's rights can be vindicated on the merits.
24 Jun 2015

CHEUNG KWAI YIN v. MORAL LUCK FINANCE LTD

Citation

CHEUNG KWAI YIN v. MORAL LUCK FINANCE LTD
Court

Court of Final Appeal
Case number

FACV6/2015

Where a defendant plainly meets the statutory definition of a 'mentally handicapped person' (here IQ 62) the procedural scheme in Order 80 r 3(6)(c) and r 3(8) allows a proposed guardian ad litem to appear on the filed solicitor's certificate and consent without a prior court inquiry; the courts below erred by applying a debarring/order‑of‑paternal jurisdiction standard and by permitting the adverse plaintiff to resist a protective appointment, and accordingly the appointment must be granted and the default judgment proceedings restored for determination on the merits.