香港平民屋宇有限公司 對 吳家強

香港平民屋宇有限公司 對 吳家強

The court ruled that (a) the defendant's second late legal aid application did not justify further suspension — DCCJ 5505/2023 is ordered to proceed and the 42-day statutory suspension does not extend indefinitely where the applicant offers no good reason for delay; (b) fresh evidence on appeal is limited to events...

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
DCCJ5580/2023
Procedural Posture
District Court Civil / Appeal From Judicial Officer Decision and Case Management
Outcome
Appeal allowed in part and procedural directions issued
Legal Topics
Stay of Proceedings, Case Management, Settlement Conference/fdr Confidentiality, Admission of Fresh Evidence on Appeal, Judicial Review, Legal Aid Suspension
Source Language
ch
Civil Procedure Administrative Law Legal Aid Stay of Proceedings Case Management Settlement Conference/fdr Confidentiality Admission of Fresh Evidence on Appeal Judicial Review +1 more

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Summary, issues, holding and outcome

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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

District Court Civil / Appeal From Judicial Officer Decision and Case Management

  1. 1 Whether to suspend or resume proceedings pending legal aid determinations
  2. 2 Whether fresh evidence arising after the original hearing may be admitted on appeal
  3. 3 Whether a judge who conducted a settlement conference (FDR) may decide contested substantive case management matters thereafter

Ratio Decidendi

The court ruled that (a) the defendant's second late legal aid application did not justify further suspension — DCCJ 5505/2023 is ordered to proceed and the 42-day statutory suspension does not extend indefinitely where the applicant offers no good reason for delay; (b) fresh evidence on appeal is limited to events after 22 August 2024 and other evidence is not admitted absent Ladd v Marshall grounds; (c) matters arising from a settlement conference (FDR) that are contested should be transferred to another judge to preserve confidentiality and impartial case management; (d) the remaining 11 unresolved cases' settlement conferences are terminated and the matters are progressed to a case...

Court Disposition

Appeal allowed in part and procedural directions issued

Orders

  • DCCJ 5505/2023 proceedings to be resumed and the suspension under the legal aid memorandum not extended
  • The judgment paragraph 45 of the 22 August 2024 decision is revoked (no order made under that paragraph as plaintiff withdraws its application to restore proceedings)