香港平民屋宇有限公司 對 馮德樂

香港平民屋宇有限公司 對 馮德樂

The court exercised case management discretion: late or repeated legal aid applications do not automatically justify indefinite suspension; the statutory limited stay under the Legal Aid regime was exhausted and DCCJ 5505 should proceed; appeals under Order 58(1) are re-hearings de novo and the appellate judge is...

Source-derived case information.

Citation
[2024] HKDC 1588
Parties
Plaintiff: THE HONG KONG SETTLERS HOUSING CORPORATION LIMITED (香港平民屋宇有限公司); Defendant: YAN KWOK YIP (甄國業); Defendant: CHO CHEUK CHEE AMY (曹綽芝); Defendant: KWAN WAI KIN (關偉建); Defendant: LEUNG AH DUEN (梁亞端); Defendant: KWAN CHUI WA (關翠華); Defendant: WONG WING SHAN (黃詠珊); Defendant: MA MEI MEI (馬媚媚); Defendant: NG KAR KEUNG (吳家強); Defendant: CHOW TAK WING (周德榮); Defendant: WONG KWAI WING MANGO (黃桂榮); Defendant: FUNG TAK LOK (馮德樂); Defendant: LEE SOO SHIM (李素嬋); Defendant: CHIU HING SIM (趙慶嬋)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 September 2024
Case Number
DCCJ39/2024
Procedural Posture
Regional Court Civil Proceedings Interlocutory/case Management and Appeal Under Order 58(1) (appeal From Hearing Officer Decision) / Appeal and Case Management Hearing; Settlement Conference (fdr) Termination and Directions to Progress Cases
Outcome
Mixed: restoration of one docket from statutory stay; termination of settlement conference for non‑consenting cases; progression to case management; selective consent orders granted; no costs orders
Legal Topics
Case Management, Stay of Proceedings, Settlement Conference / FDR, Admissibility of Fresh Evidence on Appeal, Confidentiality of Settlement Process, Judicial Review (pending Applications)
Source Language
ch
Civil Procedure Administrative Law Legal Aid Case Management Stay of Proceedings Settlement Conference / FDR Admissibility of Fresh Evidence on Appeal Confidentiality of Settlement Process +1 more

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Parties

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

Plaintiff

YAN KWOK YIP (甄國業)

Defendant

CHO CHEUK CHEE AMY (曹綽芝)

Defendant

KWAN WAI KIN (關偉建)

Defendant

LEUNG AH DUEN (梁亞端)

Defendant

KWAN CHUI WA (關翠華)

Defendant

WONG WING SHAN (黃詠珊)

Defendant

MA MEI MEI (馬媚媚)

Defendant

NG KAR KEUNG (吳家強)

Defendant

CHOW TAK WING (周德榮)

Defendant

WONG KWAI WING MANGO (黃桂榮)

Defendant

FUNG TAK LOK (馮德樂)

Defendant

LEE SOO SHIM (李素嬋)

Defendant

CHIU HING SIM (趙慶嬋)

Defendant

Procedural Posture

Regional Court Civil Proceedings Interlocutory/case Management and Appeal Under Order 58(1) (appeal From Hearing Officer Decision) / Appeal and Case Management Hearing; Settlement Conference (fdr) Termination and Directions to Progress Cases

  1. 1 Whether legal aid applications justify further suspension of proceedings and the scope/duration of statutory stay under the Legal Aid regime
  2. 2 Whether the appellate judge should re-hear matters de novo and the effect of the hearing officer’s decision on appeal
  3. 3 Admissibility of new evidence at the appeal under Order 58(1) and application of Ladd v Marshall test

Ratio Decidendi

The court exercised case management discretion: late or repeated legal aid applications do not automatically justify indefinite suspension; the statutory limited stay under the Legal Aid regime was exhausted and DCCJ 5505 should proceed; appeals under Order 58(1) are re-hearings de novo and the appellate judge is not bound by the hearing officer’s decision; fresh evidence is admissible only in respect of events after the hearing officer’s decision per the Ladd v Marshall test; settlement conference (FDR) jurisdiction is limited to the three permitted categories, and where parties do not consent to further mediation the judge must terminate the FDR and progress cases to case management....

Court Disposition

Mixed: restoration of one docket from statutory stay; termination of settlement conference for non‑consenting cases; progression to case management; selective consent orders granted; no costs orders

Orders

  • Restore the proceedings in DCCJ 5505/2023 and deal with the related matters as part of the aggregate case administration
  • Grant consent orders in DCCJ 5514/2023 and DCCJ 5580/2023 in accordance with the filed consent summons; cancel the hearing listed for 27 September 2024