香港平民屋宇有限公司 對 曹綽芝

香港平民屋宇有限公司 對 曹綽芝

The court held that a second, belated legal aid application which had been previously refused and which lacked good explanation did not justify further suspension of proceedings; therefore DCCJ 5505/2023 should be restored and the 13 related matters progressed. The court applied Order 58(1)(4) and Ladd v Marshall...

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
DCCJ5507/2023
Procedural Posture
Civil District Court (case Management and Appeal) / Appeal Hearing From Judicial Officer's Decision; Case Management Directions
Outcome
Appeal allowed in part and case management orders made: the court ordered resumption of DCCJ 5505/2023 and collective handling of the matters for case management; two matters resolved by consent; remaining 11 matters removed from settlement conferencing and listed for a case management conference on 16 December...
Legal Topics
Stay of Proceedings, Admission of Fresh Evidence on Appeal, Confidentiality and Without Prejudice in Settlement Conferences, Jurisdiction and Powers of Settlement Conference Judge, Case Management, Ladd V Marshall Test
Source Language
ch
Civil Procedure Judicial Review Legal Aid Alternative Dispute Resolution/settlement Conferences Stay of Proceedings Admission of Fresh Evidence on Appeal Confidentiality and Without Prejudice in Settlement Conferences Jurisdiction and Powers of Settlement Conference Judge +2 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 District Court (case Management and Appeal) / Appeal Hearing From Judicial Officer's Decision; Case Management Directions

  1. 1 Whether the court should suspend proceedings under the Legal Aid Ordinance/Regulations for a second legal aid application
  2. 2 Whether to admit new evidence on appeal under Order 58(1)(4) and the Ladd v Marshall criteria
  3. 3 What orders a settlement‑conference (FDR) judge may properly make and whether that judge may decide contested non‑FDR case management applications

Ratio Decidendi

The court held that a second, belated legal aid application which had been previously refused and which lacked good explanation did not justify further suspension of proceedings; therefore DCCJ 5505/2023 should be restored and the 13 related matters progressed. The court applied Order 58(1)(4) and Ladd v Marshall constraints to new evidence on appeal, restricted admissibility to matters arising after 22 August, and confirmed the limited jurisdiction of settlement‑conference judges — terminating the remaining settlement conferences and directing that the unresolved 11 matters proceed to case management with specified timelines.

Court Disposition

Appeal allowed in part and case management orders made: the court ordered resumption of DCCJ 5505/2023 and collective handling of the matters for case management; two matters resolved by consent; remaining 11 matters removed from settlement conferencing and listed for a case management conference on 16 December...