4 Oct 2024
RE WSY
- Citation
- [2024] HKCFI 2713
- Court
- Court of First Instance
- Case number
- HCMH78/2011
Proceedings under Part II of the MHO are protective and the paramount consideration is the MIP's requirements; a relative may be heard but has no absolute right and cannot convert the supervisory jurisdiction into an adversarial forum. Whether a buy-out is in the MIP's best interest turns materially on valuation and terms, which are not merely procedural; the Committee should negotiate terms and seek court authorisation as necessary. On the facts the Buy-out Summons was dismissed because the Court will not compel the Committee to accept the proposed buy-out absent clear demonstration that it…