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 to prolong suspension for a second legal aid application where the applicant had delayed and previously been refused; limited the admission of fresh evidence to matters arising after 22 August 2024; held that contested interlocutory applications raised during a settlement conference should be...

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
DCCJ42/2024
Procedural Posture
Civil / Appeal and Case Management Hearing (appeal Against Decision of Judicial Officer; Case Management Directions Issued)
Outcome
Appeal processed; court ordered resumption and case management rather than indefinite suspension. Restored DCCJ 5505/2023 proceedings and terminated further settlement conference for 11 unresolved matters; transferred contested interlocutory applications to another judge for determination; admitted only post‑22...
Legal Topics
Stay/adjournment of Proceedings, Legal Aid Suspension and Procedure, Admissibility of Fresh Evidence on Appeal (ladd V Marshall), Jurisdiction and Limits of Settlement Conference/fdr Judge, Confidentiality of Settlement Proceedings, Transfer of Contested Interlocutory Applications
Source Language
ch
Civil Procedure Administrative Law Legal Aid Court Case Management Alternative Dispute Resolution (settlement Conference/fdr) Stay/adjournment of Proceedings Legal Aid Suspension and Procedure Admissibility of Fresh Evidence on Appeal (ladd V Marshall) +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

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

Civil / Appeal and Case Management Hearing (appeal Against Decision of Judicial Officer; Case Management Directions Issued)

  1. 1 Whether a second legal aid application justifies further suspension of proceedings
  2. 2 Whether fresh evidence arising after the decision can be admitted on appeal
  3. 3 What orders a settlement conference/FDR judge can make and whether contested interlocutory applications heard at the conference should be transferred

Ratio Decidendi

The court refused to prolong suspension for a second legal aid application where the applicant had delayed and previously been refused; limited the admission of fresh evidence to matters arising after 22 August 2024; held that contested interlocutory applications raised during a settlement conference should be transferred to another judge without the settlement conference judge deciding substantive contested matters; ordered resumption/management of proceedings (including restoration of DCCJ 5505/2023) and directed a case management conference with specific filing deadlines and procedural directions.

Court Disposition

Appeal processed; court ordered resumption and case management rather than indefinite suspension. Restored DCCJ 5505/2023 proceedings and terminated further settlement conference for 11 unresolved matters; transferred contested interlocutory applications to another judge for determination; admitted only post‑22...

Orders

  • DCCJ 5505/2023 proceedings restored; all 13 matters to be processed (two matters DCCJ 5514/2023 and DCCJ 5580/2023 were ordered by consent settled and their 27/9/2024 hearing vacated)
  • Court declines to admit the filed supporting affidavits as new evidence except insofar as they concern events after 22 August 2024