Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Issue-specific capacity test

Legal area

Court

17 Feb 2014

MORAL LUCK FINANCE LTD v. LAW KIN LEUNG AND ANOTHER

Citation

MORAL LUCK FINANCE LTD v. LAW KIN LEUNG AND ANOTHER
Court

Court of Appeal
Case number

CACV128/2013

The Court of Appeal affirmed that the judge applied the correct issue-specific test, was entitled to view and rely on the video and surrounding evidence, reasonably preferred Dr Chung's opinion that the defendant could understand and manage the loan and litigation issues, and therefore the applicant failed to show the defendant was a person under disability; the appointment was refused and the appeal dismissed.
17 Feb 2014

MORAL LUCK FINANCE LTD v. LAW KIN LEUNG AND ANOTHER

Citation

MORAL LUCK FINANCE LTD v. LAW KIN LEUNG AND ANOTHER
Court

Court of Appeal
Case number

CACV127/2013

The Court held that the judge correctly applied the issue-specific test from Ng Hong Ki, properly considered the joint medical evidence together with contemporaneous video evidence and the defendant's conduct in relation to the loan, was entitled to prefer Dr Chung's reasoned opinion, and therefore correctly concluded the defendant was not a person under disability for the purposes of Order 80; accordingly the appointment of a guardian ad litem was not warranted and the appeal was dismissed.