29 Oct 2021
TSUI YUEN (formerly known as HO WAI HUNG) v. HO TSE WAI, PHILIP LI & PARTNERS (A FIRM) (formerly known as HO, TSE & WAI & PARTNERS)
- Citation
- [2021] HKCA 1613
- Court
- Court of Appeal
- Case number
- CACV57/2020
The Court of Appeal held the judge erred in law in concluding the proposed appeal had no reasonable prospect of success because (a) on the strike-out application the plaintiff must be assumed, for present purposes, to have been mentally incapacitated at the time of settlement and there was a prima facie arguable causal link between the defendant's failure to seek court protection under Order 80 and the plaintiff's losses (abnormal disbursements and spousal exploitation), and (b) the judge failed to properly take into account the particulars in the 1st FBP and wrongly treated the 2nd FBP as su…