26 Jun 1998
MUI PO CHU v. MOI OAK WAH
- Citation
- MUI PO CHU v. MOI OAK WAH
- Court
- Court of Appeal
- Case number
- CACV85/1998
The separate writ claiming HK$537,048.48 is misconceived and the action A11507 of 1997 is an abuse of process; the Court of Appeal dismissed the appeals, struck out A11507 of 1997 save for preserving orders for payment of the defendant's costs, and held that disputed matters must be resolved in the administration proceedings by application for directions in the Court of First Instance; concerns about the appellant's conduct and mental capacity were noted but any inquiry under the Mental Health Ordinance must be brought by the defendant or Secretary.