香港平民屋宇有限公司 對 甄國業

香港平民屋宇有限公司 對 甄國業

The court ordered that the temporary suspension for DCCJ 5505/2023 caused by a legal aid application should not be further extended absent good cause and restored DCCJ 5505/2023 (to be dealt with with the other related claims); it refused to admit new evidence save for matters arising after 22 August 2024; it held...

Source-derived case information.

Citation
[2024] HKDC 1588
Parties
Plaintiff: THE HONG KONG SETTLERS HOUSING CORPORATION LIMITED; Defendant: YAN KWOK YIP; Defendant: CHO CHEUK CHEE AMY; Defendant: KWAN WAI KIN; Defendant: LEUNG AH DUEN; Defendant: KWAN CHUI WA; Defendant: WONG WING SHAN; Defendant: MA MEI MEI; Defendant: NG KAR KEUNG; Defendant: CHOW TAK WING; Defendant: WONG KWAI WING MANGO; Defendant: FUNG TAK LOK; Defendant: LEE SOO SHIM; Defendant: CHIU HING SIM; Defendant: (DCCJ 5511/2023 defendant)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 September 2024
Case Number
DCCJ5505/2023
Procedural Posture
District Court Civil (multiple Related Claims) / Appeal From Judicial Officer's Decision and Case Management Hearing
Outcome
Proceedings in DCCJ 5505/2023 restored; prior paragraph 45 of the 22 August judgment revoked as academic; remaining 11 non-settled cases removed from further settlement conferences and listed for case management; two cases (DCCJ 5514/2023 and DCCJ 5580/2023) ordered by consent pursuant to filed consent summons;...
Legal Topics
Case Management, Stay of Proceedings, Admission of Fresh Evidence on Appeal, Confidentiality of Settlement/ FDR Hearings, Legal Aid Suspension Period
Source Language
ch
Civil Procedure Administrative Law Judicial Review Legal Aid Court Settlement Procedure Case Management Stay of Proceedings Admission of Fresh Evidence on Appeal +2 more

Source-derived case record

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Parties

THE HONG KONG SETTLERS HOUSING CORPORATION LIMITED

Plaintiff

YAN KWOK YIP

Defendant

CHO CHEUK CHEE AMY

Defendant

KWAN WAI KIN

Defendant

LEUNG AH DUEN

Defendant

KWAN CHUI WA

Defendant

WONG WING SHAN

Defendant

MA MEI MEI

Defendant

NG KAR KEUNG

Defendant

CHOW TAK WING

Defendant

WONG KWAI WING MANGO

Defendant

FUNG TAK LOK

Defendant

LEE SOO SHIM

Defendant

CHIU HING SIM

Defendant

(DCCJ 5511/2023 defendant)

Defendant

Procedural Posture

District Court Civil (multiple Related Claims) / Appeal From Judicial Officer's Decision and Case Management Hearing

  1. 1 Whether DCCJ 5505/2023 should be restored despite a second legal aid application and statutory suspension period
  2. 2 Whether fresh evidence arising after the primary decision (post-22 August 2024) may be admitted on appeal under Order 58(1)(4)
  3. 3 Whether a judge/arbitrator presiding over a settlement conference (FDR) may decide contested case management applications during the conference

Ratio Decidendi

The court ordered that the temporary suspension for DCCJ 5505/2023 caused by a legal aid application should not be further extended absent good cause and restored DCCJ 5505/2023 (to be dealt with with the other related claims); it refused to admit new evidence save for matters arising after 22 August 2024; it held that contested non‑settlement case‑management applications made during an FDR should generally be referred to another judge without the settlement‑conference judge deciding them; and it terminated the remaining FDRs and directed the cases to case‑management for progression with specific timetable directions.

Court Disposition

Proceedings in DCCJ 5505/2023 restored; prior paragraph 45 of the 22 August judgment revoked as academic; remaining 11 non-settled cases removed from further settlement conferences and listed for case management; two cases (DCCJ 5514/2023 and DCCJ 5580/2023) ordered by consent pursuant to filed consent summons;...

Orders

  • Restore DCCJ 5505/2023 and deal with the 13 related cases together for case management purposes as directed
  • Terminate remaining settlement conference procedure for the 11 non-settled cases and list a case management conference on 16 December 2024 at 09:30 (one day) in open court