8 Nov 2011
NG HONG KI v. LEUNG FONG KIU
- Citation
- NG HONG KI v. LEUNG FONG KIU
- Court
- Court of Appeal
- Case number
- CACV94/2011
Medical evidence that the defendant had schizophrenia, limited capacity and was mentally unfit to give instructions justified appointment of a guardian ad litem; proceedings taken before appointment were not automatically nullities and could be regularised where acted in good faith without manifest disadvantage; the new evidence was obtainable earlier or was incredible and did not raise a triable issue to defeat summary judgment; respondent's notice required leave and leave out of time would not be granted on the merits; accordingly the appeal was dismissed and summary judgment and associated…