Read the full judgment text of CACV 000206/2005 on BabelCite. This Court of Appeal judgment was delivered on 19 January 2006 before Yeung JA, Yuen JA, Lam J.
Civil procedure – Order 80 Rules of the High Court – debarring order – mentally incapacitated person – Mental Health Ordinance (Cap 136) – s.7, s.10 Part II inquiry – whether s.10 MHO decision is a pre-requisite to debarring order under Ord. 80 – interpretation of Ord. 80 r.1 – 'mentally incapacitated person' defined by reference to MHO for technical definitions of mental disorder and mental handicap only – Chan Sai Lun Henry v Chan Wai Wah Lily-Ann [2000] 1 HKC 453 held to be per incuriam – exception to stare decisis for manifest slips or errors concerning jurisdiction – flexible approach to evidence of mental incapacity – medical evidence must show person incapable of managing and administering property and affairs – writ seeking appointment as Chief Executive and damages in form of salaries – Registrar struck out action as frivolous and abuse of process – Deputy Judge issued debarring order under Ord. 80 r.2 staying action pending next friend – Defendants appealed – Court of Appeal allowed appeal, set aside debarring order for insufficiency of medical evidence, and dismissed Plaintiff's appeal from Registrar's strike-out order – Defendants entitled to costs of hearing before Deputy Judge Fung, no order as to costs of appeal.
Legal issues: Whether a s.10 MHO decision after a Part II inquiry is a pre-requisite to a debarring order under Ord. 80 RHC
Outcome: Defendants' appeal allowed; Deputy Judge Fung's debarring order set aside; Plaintiff's appeal from the Registrar's strike-out order dismissed.
Cited by 6 cases · Cites 3 cases