香港平民屋宇有限公司 對 關偉建

香港平民屋宇有限公司 對 關偉建

The court refused to extend or re‑impose a stay for DCCJ5505 based on a second delayed legal aid application and ordered proceedings to be restored; it held that only post‑judgment events (after 22 Aug 2024) could be admitted as new evidence on the appeal under Order 58(1)(4); it revoked paragraph 45 of the earlier...

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
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 September 2024
Case Number
DCCJ5509/2023
Procedural Posture
Civil (district/region Court) / Appeal From Judicial Officer Decision; Case Management and Settlement Conference Stage
Outcome
Appeal allowed in part and case management directions given
Legal Topics
Case Management, Stay of Proceedings, Evidence on Appeal (ladd V Marshall), Confidentiality of Settlement Conferences, Adjournment, Publication of Judgments
Source Language
ch
Civil Procedure Judicial Review Legal Aid Alternative Dispute Resolution Case Management Stay of Proceedings Evidence on Appeal (ladd V Marshall) Confidentiality of Settlement Conferences +2 more

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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

Procedural Posture

Civil (district/region Court) / Appeal From Judicial Officer Decision; Case Management and Settlement Conference Stage

  1. 1 Whether a second legal aid application justifies suspending proceedings
  2. 2 Whether new evidence arising after the judgment may be admitted on appeal
  3. 3 Scope of a settlement conference/FDR judge's powers to make orders

Ratio Decidendi

The court refused to extend or re‑impose a stay for DCCJ5505 based on a second delayed legal aid application and ordered proceedings to be restored; it held that only post‑judgment events (after 22 Aug 2024) could be admitted as new evidence on the appeal under Order 58(1)(4); it revoked paragraph 45 of the earlier judgment because the plaintiff no longer sought the relief, terminated the remaining settlement conference for 11 matters and directed those matters to case management before a different judge, fixed a case management hearing for 16 December 2024 with specific timetable directions, made consent orders for two settled matters (DCCJ5514 and DCCJ5580) and ordered no costs for the...

Court Disposition

Appeal allowed in part and case management directions given

Orders

  • Restore and proceed with DCCJ 5505; no further stay on account of the second legal aid application
  • Revoked paragraph 45 of the judicial officer's 22 Aug 2024 judgment