HONG KONG HOUSING SOCIETY 對 TSUI CHUNG FEI 及另一人

HONG KONG HOUSING SOCIETY 對 TSUI CHUNG FEI 及另一人

Leave to appeal was refused because the defendants failed to identify clear, targeted grounds demonstrating a reasonable prospect of success; their submissions merely repeated prior arguments without addressing the reasons given by the judge for revoking the stay and for the case management decision; the judge's...

Source-derived case information.

Citation
[2024] HKDC 694
Parties
Plaintiff: HONG KONG HOUSING SOCIETY; First Defendant: TSUI CHUNG FEI; Second Defendant: CHOI WANG
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 May 2024
Case Number
DCCJ5143/2021
Procedural Posture
Civil / Application for Leave to Appeal
Outcome
application for leave to appeal dismissed
Legal Topics
Leave to Appeal, Stay of Proceedings, Abuse of Process, Summary Judgment, Case Management Decision
Source Language
ch
Civil Procedure Legal Aid Case Management Costs Appeals Leave to Appeal Stay of Proceedings Abuse of Process +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 6 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

HONG KONG HOUSING SOCIETY

Plaintiff

TSUI CHUNG FEI

First Defendant

CHOI WANG

Second Defendant

Procedural Posture

Civil / Application for Leave to Appeal

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether suspension of proceedings under the Legal Aid Ordinance should be maintained or cancelled
  3. 3 Whether the judge erred in revoking the stay based on repeated legal aid applications

Ratio Decidendi

Leave to appeal was refused because the defendants failed to identify clear, targeted grounds demonstrating a reasonable prospect of success; their submissions merely repeated prior arguments without addressing the reasons given by the judge for revoking the stay and for the case management decision; the judge's exercise of discretion was lawful and within range; accordingly there was no basis to grant leave and defendants were ordered to pay assessed costs of HKD 5,882.5.

Court Disposition

application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed
  • Defendants ordered to pay costs to plaintiff assessed under summary assessment at HKD 5,882.5