MORAL LUCK FINANCE LTD v. LAW KIN LEUNG AND ANOTHER

FAMV Nos. 45 & 46 of 2014

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NOS. 45 & 46 OF 2014 (CIVIL)

(ON APPLICATIONS FOR LEAVE TO APPEAL FROM

CACV NOS. 127 & 128 OF 2013)

_____________________

BETWEEN
	MORAL LUCK FINANCE LIMITED	Plaintiff
	(德裕財務有限公司)	(Respondent)
	and
	LAW KIN LEUNG (羅健良)	Defendant
	and
	CHEUNG KWAI YIN	Applicant
		(Applicant)

_____________________

Appeal Committee : Mr Justice Ribeiro PJ, Mr Justice Tang PJ and Mr Justice Fok PJ

Date of Hearing and Determination : 6 February 2015

_______________________________

DETERMINATION

____________________________

 

Mr Justice Ribeiro PJ:

1.  We are satisfied that leave should be granted on the ground that questions of great general or public importance arise on the appeal concerning:

(a) the correct approach in law to deciding whether a person should be allowed to act as guardian ad litem with a view to protecting the interests of a person sued as defendant, who is alleged to be a mentally incapacitated person; and

(b) the appropriateness of permitting the plaintiff in such cases to oppose such intervention by the proposed guardian ad litem.

2.  The appeal will be heard on 12 June 2015.

(R.A.V. Ribeiro)	(Robert Tang)	(Joseph Fok)
Permanent Judge	Permanent Judge	Permanent Judge

Mr Anson Wong SC, Mr Albert Luk & Mr Billy NP Ma, instructed by Ha & Ho, for the Applicant (Applicant)

Mr Wallace Cheung, instructed by Philip T.F. Wong & Co., for the Plaintiff (Respondent)