28 Feb 2012
CHOY PO CHUN AND ANOTHER v. AU WING LUN
- Citation
- CHOY PO CHUN AND ANOTHER v. AU WING LUN
- Court
- Court of Appeal
- Case number
- CACV157/2011
Summary judgment was inappropriate because the pivotal issue of the deceased's testamentary capacity depended on the severity and effect of dementia at the time of execution, which could not be resolved on the written evidence alone and required oral testimony and assessment at trial; accordingly the defendant was entitled to unconditional leave to defend and the procedural questions (rejoinder) must be remitted to the trial judge for fresh determination.