Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mental capacity determination
  • 27 Jun 2025

    P v. Q

    Citation
    [2025] HKCFI 3080
    Court
    Court of First Instance
    Case number
    HCMH134/2022

    The applicant was appointed as committee with power to investigate because the required inquiries are primarily documentary and procedural, appointment of a professional committee would likely deplete the substantial estate through high hourly professional fees, and the respondent acted unreasonably in disputing LSY's mental capacity and withholding material medical evidence; accordingly the respondent must bear all costs of the mental capacity issue, including the applicant's costs on an indemnity basis, and those costs must not be charged to the MIP's estate.