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.