HO YIN MI 對 DU DAN

HO YIN MI 對 DU DAN

The court refused the stay and payment-direction applications because the applicant had not complied with the specific conditions set by the prior interim order and provided no satisfactory evidence of changed financial circumstances; appeals do not stay execution; consolidation was refused because the two proceedings involve distinct legal and factual issues and different primary witnesses; the court granted the language request; costs were awarded to the respondent for the two applications.

Citation
[2019] HKDC 1089
Parties
Plaintiff (dccj 3591/2018): HO YIN MI (何燕薇); Defendant (dccj 3591/2018): DU DAN (杜丹); Plaintiff (dccj 2187/2019): DU DAN (杜丹); Defendant (dccj 2187/2019): HO YIN MI (何燕薇)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 August 2019
Case Number
DCCJ3591/2018
Procedural Posture
Civil — Landlord/tenant Possession and Related Applications / Interim Applications Hearing (stay of Execution, Consolidation, Payment Directions, Costs)
Outcome
Applications partly dismissed and partly granted: stay, payment-direction and consolidation applications dismissed; order for all future court documents and orders to be issued in Chinese; costs awarded to respondent.
Legal Topics
Stay of Execution, Consolidation of Actions, Set Aside Consent Order, Possession Order Enforcement, Language of Proceedings, Costs Assessment
Source Language
CH
Civil Procedure Landlord and Tenant Judgment Enforcement Costs Stay of Execution Consolidation of Actions Set Aside Consent Order Possession Order Enforcement +2 more

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Parties

HO YIN MI (何燕薇)

Plaintiff (dccj 3591/2018)

DU DAN (杜丹)

Defendant (dccj 3591/2018)

DU DAN (杜丹)

Plaintiff (dccj 2187/2019)

HO YIN MI (何燕薇)

Defendant (dccj 2187/2019)

Procedural Posture

Civil — Landlord/tenant Possession and Related Applications / Interim Applications Hearing (stay of Execution, Consolidation, Payment Directions, Costs)

Legal Issues

  1. 1 Whether to grant a stay of execution of the possession order
  2. 2 Whether to consolidate DCCJ 3591/2018 and DCCJ 2187/2019
  3. 3 Whether to modify payment conditions imposed by an earlier order

Ratio Decidendi

The court refused the stay and payment-direction applications because the applicant had not complied with the specific conditions set by the prior interim order and provided no satisfactory evidence of changed financial circumstances; appeals do not stay execution; consolidation was refused because the two proceedings involve distinct legal and factual issues and different primary witnesses; the court granted the language request; costs were awarded to the respondent for the two applications.

Court Disposition

Applications partly dismissed and partly granted: stay, payment-direction and consolidation applications dismissed; order for all future court documents and orders to be issued in Chinese; costs awarded to respondent.

Orders

  • DCCJ 3591/2018: application to stay execution of the possession order dismissed
  • DCCJ 3591/2018: payment-direction application dismissed