DU DAN 對 HO YIN MI

DU DAN 對 HO YIN MI

The court refused to suspend execution and refused consolidation because the applicant had not satisfied the conditions imposed by the earlier interlocutory order (conditions 2 and 3), appeals do not automatically suspend execution, and the two actions raise different primary issues and witnesses; the court granted the language accommodation and ordered the applicant to pay the applicants' costs in specified amounts.

Citation
[2019] HKDC 1089
Parties
Plaintiff (dccj 3591/2018); Defendant (dccj 2187/2019): Ho Yin Mi (何燕薇); Defendant (dccj 3591/2018); Plaintiff (dccj 2187/2019): Du Dan (杜女士)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 August 2019
Case Number
DCCJ2187/2019
Procedural Posture
Civil Landlord Tenant Dispute Concerning Consent Order, Possession and Ancillary Interlocutory Applications / Interlocutory Applications Hearing (applications to Suspend Possession Order, Consolidate Actions, Payment Directions and Costs)
Outcome
Interlocutory applications dismissed in part and granted in part: suspension and payment-direction and consolidation applications dismissed; order that future court documents and orders be in Chinese granted; costs awarded to respondent (Ho).
Legal Topics
Consent Order, Setting Aside Agreement, Stay/suspension of Execution, Consolidation of Actions, Occupation/possession Orders, Language of Court Documents
Source Language
CH
Civil Procedure Landlord and Tenant Contract Costs and Taxation Consent Order Setting Aside Agreement Stay/suspension of Execution Consolidation of Actions +2 more

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Parties

Ho Yin Mi (何燕薇)

Plaintiff (dccj 3591/2018); Defendant (dccj 2187/2019)

Du Dan (杜女士)

Defendant (dccj 3591/2018); Plaintiff (dccj 2187/2019)

Procedural Posture

Civil Landlord Tenant Dispute Concerning Consent Order, Possession and Ancillary Interlocutory Applications / Interlocutory Applications Hearing (applications to Suspend Possession Order, Consolidate Actions, Payment Directions and Costs)

Legal Issues

  1. 1 Whether execution of the possession (recovery) order should be suspended pending determination of the new action to set aside the consent order
  2. 2 Whether the two actions (DCCJ 3591/2018 and DCCJ 2187/2019) should be consolidated
  3. 3 Whether the court should give further payment directions or extend time to meet specified conditions for suspension

Ratio Decidendi

The court refused to suspend execution and refused consolidation because the applicant had not satisfied the conditions imposed by the earlier interlocutory order (conditions 2 and 3), appeals do not automatically suspend execution, and the two actions raise different primary issues and witnesses; the court granted the language accommodation and ordered the applicant to pay the applicants' costs in specified amounts.

Court Disposition

Interlocutory applications dismissed in part and granted in part: suspension and payment-direction and consolidation applications dismissed; order that future court documents and orders be in Chinese granted; costs awarded to respondent (Ho).

Orders

  • Suspension of possession (stay of recovery) application dismissed
  • Payment directions application dismissed