LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

The application for extension of time was refused because the challenged Check List orders were reasonable, within the Masters broad discretion, caused no actual or potential prejudice to the Plaintiffs and the intended appeal was misconceived and without merit.

Citation
LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS
Parties
1st Plaintiff: LILY TSE LAI YIN; 2nd Plaintiff: TSUI HO; 3rd Plaintiff: NG PAK MUI; 4th Plaintiff: TSUI WAI NGON by her father and next friend TSUI SIU ON; 5th Plaintiff: CHAN MIN WAH; 6th Plaintiff: LEUNG PUI YING by her father and next friend LEUNG TAI FUK; 7th Plaintiff: TSUI SAI NUI the Personal Representative of MO YEE, deceased; 1st Defendant: THE INCORPORATED OWNERS OF ALBERT HOUSE (also known as THE OWNER INCORPORATION OF ALBERT HOUSE); 2nd Defendant: HOUSING MANAGEMENT AGENCY LIMITED; 3rd Defendant: HO WING HANG; 4th Defendant: NEW BEST RESTAURANT LIMITED; 5th Defendant: ABERDEEN WINNER INVESTEMNT COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 July 1998
Case Number
HCPI828/1997
Procedural Posture
Personal Injuries / Application for Extension of Time to File Notice of Appeal Following Check List Hearing
Outcome
Application dismissed
Legal Topics
Extension of Time, Check List Hearing, Split Trial, Case Management, Costs
Source Language
EN

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Parties

LILY TSE LAI YIN

1st Plaintiff

TSUI HO

2nd Plaintiff

NG PAK MUI

3rd Plaintiff

TSUI WAI NGON by her father and next friend TSUI SIU ON

4th Plaintiff

CHAN MIN WAH

5th Plaintiff

LEUNG PUI YING by her father and next friend LEUNG TAI FUK

6th Plaintiff

TSUI SAI NUI the Personal Representative of MO YEE, deceased

7th Plaintiff

THE INCORPORATED OWNERS OF ALBERT HOUSE (also known as THE OWNER INCORPORATION OF ALBERT HOUSE)

1st Defendant

HOUSING MANAGEMENT AGENCY LIMITED

2nd Defendant

HO WING HANG

3rd Defendant

NEW BEST RESTAURANT LIMITED

4th Defendant

ABERDEEN WINNER INVESTEMNT COMPANY LIMITED

5th Defendant

Procedural Posture

Personal Injuries / Application for Extension of Time to File Notice of Appeal Following Check List Hearing

  1. 1 Whether extension of time to file a Notice of Appeal should be granted
  2. 2 Whether the Masters case management orders were appealable or lacked merit
  3. 3 Whether a split trial order was appropriate

Ratio Decidendi

The application for extension of time was refused because the challenged Check List orders were reasonable, within the Masters broad discretion, caused no actual or potential prejudice to the Plaintiffs and the intended appeal was misconceived and without merit.

Court Disposition

Application dismissed

Orders

  • Application dismissed with costs to the 1st, 2nd, 3rd, 5th and 6th Defendants.