Read the full judgment text of HCMC 8/2011 on BabelCite. This High Court CFI judgment was delivered on 24 July 2013 before Hon Mimmie Chan J.
Matrimonial causes – guardian ad litem – Official Solicitor – mental incapacity – independence – costs – application to replace Official Solicitor dismissed – Official Solicitor remains guardian – costs to Wife and Official Solicitor on indemnity basis – Husband suffered cerebral hemorrhage and coma – Official Solicitor appointed guardian ad litem – Mr F applied to replace Official Solicitor – Wife opposed application claiming F lacked independence – Court found F had close relationships with parties having interests in Husband's assets – F not available earlier when Official Solicitor appointed – Paramount consideration is protection of patient's interests – F close to Girlfriend's son and Daughter – F not resident in Hong Kong – No security offered – Official Solicitor independent and subject to court control – Costs to Wife and Official Solicitor – Official Solicitor costs taxed on indemnity basis
Legal issues: Appointment of Guardian ad litem · Costs
Outcome: Application dismissed; Official Solicitor remains as guardian ad litem.
Cited by 4 cases