香港平民屋宇有限公司 對 李素嬋

香港平民屋宇有限公司 對 李素嬋

The court refused the plaintiff's application to restore and continue the piecemeal district court procedures. The court held that given the breadth and arguability of public law defences, the multiplicity of similar cases and the objectives of Chapter 336H Order 1A (to secure just resolution and procedural...

Source-derived case information.

Citation
[2024] HKDC 1397
Parties
Plaintiff: THE HONG KONG SETTLERS HOUSING CORPORATION LIMITED (香港平民屋宇有限公司); Defendant: LEE SOO SHIM (李素嬋)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 August 2024
Case Number
DCCJ42/2024
Procedural Posture
Civil Landlord Tenant/possession With Overlapping Public Law Issues / Interlocutory — Application to Restore Stayed Proceedings / Case Management Conference
Outcome
Plaintiff's application to restore and continue the district court proceedings dismissed
Legal Topics
Case Management, Stay of Proceedings, Consolidation of Related Actions, Procedural Fairness, Use of Public Law Defences in Private Proceedings, Relief in Judicial Review (quashing/remittal/mandamus)
Source Language
ch
Civil Procedure Landlord and Tenant Law Administrative Law Housing Law Judicial Review (public Law) Case Management Stay of Proceedings Consolidation of Related Actions +3 more

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Parties

THE HONG KONG SETTLERS HOUSING CORPORATION LIMITED (香港平民屋宇有限公司)

Plaintiff

LEE SOO SHIM (李素嬋)

Defendant

Procedural Posture

Civil Landlord Tenant/possession With Overlapping Public Law Issues / Interlocutory — Application to Restore Stayed Proceedings / Case Management Conference

  1. 1 Whether the plaintiff's application to resume and continue piecemeal district court proceedings should be granted
  2. 2 Whether private landlord-tenant proceedings should proceed despite arguable public law issues and potential judicial review
  3. 3 Whether it is appropriate to allow multiple parallel interlocutory applications by the plaintiff rather than a co-ordinated test-case or stay regime

Ratio Decidendi

The court refused the plaintiff's application to restore and continue the piecemeal district court procedures. The court held that given the breadth and arguability of public law defences, the multiplicity of similar cases and the objectives of Chapter 336H Order 1A (to secure just resolution and procedural proportionality), it would be inappropriate to permit the plaintiff to proceed on a case-by-case or opportunistic interlocutory basis; the matters should be managed collectively, with consideration of stays pending judicial review, test-case selection, consolidation or directed case management and consultation on legal aid; costs order nisi only.

Court Disposition

Plaintiff's application to restore and continue the district court proceedings dismissed

Orders

  • Application by plaintiff to restore proceedings dismissed
  • No order as to costs (costs order made nisi and will become absolute if not varied within 14 days)