謝瑛明代胡寶棠 對 陳百強及另十五人

謝瑛明代胡寶棠 對 陳百強及另十五人

The court dismissed the applications and discharged the two originating summonses because the underlying claim had already been struck out and leave to appeal refused, the 23 May 2022 costs order was absolute and not validly stayed, and the court will not grant a mandatory injunction against the Legal Aid Director...

Source-derived case information.

Citation
[2022] HKDC 554
Parties
Applicant: 謝瑛明 代 胡寶棠; Respondent: 陳百強; Respondent: 羅寶華; Respondent: 胡展瑛; Respondent: 陳茂群; Respondent: 梁永鏗; Respondent: 袁穎芝; Respondent: 甘啟昌; Respondent: 沈士文; Respondent: 歐陽國樑; Respondent: 謝士芳; Respondent: 呂惠蘭; Respondent: 毛旭華; Respondent: 莊因東; Respondent: 秦庭豐; Respondent: 洪德貞; Respondent: 朱德華
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 September 2022
Case Number
DCEO8/2019
Procedural Posture
Equal Opportunities Litigation (dceo 8/2019) / Applications to Extend Time, Stay Proceedings, Vary Costs Order and for Injunctions Following Earlier Strike Out and Costs Orders
Outcome
Applications dismissed and the two originating summonses (dated 17 May 2022 and 2 June 2022) are discharged.
Legal Topics
Extension of Time to Appeal, Stay of Proceedings, Variation of Costs Order, Mandatory Injunctions Against Non Parties, Legal Aid, Strike Out
Source Language
ch
Civil Procedure Costs Administrative Law Equal Opportunities Law Extension of Time to Appeal Stay of Proceedings Variation of Costs Order Mandatory Injunctions Against Non Parties +2 more

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Parties

謝瑛明 代 胡寶棠

Applicant

陳百強

Respondent

羅寶華

Respondent

胡展瑛

Respondent

陳茂群

Respondent

梁永鏗

Respondent

袁穎芝

Respondent

甘啟昌

Respondent

沈士文

Respondent

歐陽國樑

Respondent

謝士芳

Respondent

呂惠蘭

Respondent

毛旭華

Respondent

莊因東

Respondent

秦庭豐

Respondent

洪德貞

Respondent

朱德華

Respondent

Procedural Posture

Equal Opportunities Litigation (dceo 8/2019) / Applications to Extend Time, Stay Proceedings, Vary Costs Order and for Injunctions Following Earlier Strike Out and Costs Orders

  1. 1 Whether extension of time to seek leave to appeal should be granted
  2. 2 Whether proceedings or costs orders should be stayed or temporarily suspended
  3. 3 Whether a mandatory injunction can be granted against the Director of Legal Aid or non-parties

Ratio Decidendi

The court dismissed the applications and discharged the two originating summonses because the underlying claim had already been struck out and leave to appeal refused, the 23 May 2022 costs order was absolute and not validly stayed, and the court will not grant a mandatory injunction against the Legal Aid Director or otherwise affect non-parties; costs were awarded against the applicant to all respondents except R8.

Court Disposition

Applications dismissed and the two originating summonses (dated 17 May 2022 and 2 June 2022) are discharged.

Orders

  • The originating summonses dated 17 May 2022 and 2 June 2022 are discharged.
  • The applicant must pay the respondents' costs of these applications except for R8 who does not seek costs.