香港平民屋宇有限公司 對 馬媚媚

香港平民屋宇有限公司 對 馬媚媚

The court held that a repeated or belated legal aid application, previously refused and unsuccessfully appealed, does not justify prolonging the statutory pause; the appellate judge must rehear the matters afresh under Order 58(1) and is not bound by the judicial officer's decision; settlement conference judges are...

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
DCCJ5546/2023
Procedural Posture
Civil (district Court Consolidated DCCJ Matters) / Interlocutory Appeal and Case Management Following Settlement Conference; Applications for Stays Pending Legal Aid/jr
Outcome
Appeal allowed in part and interlocutory applications controlled: statutory pause for DCCJ 5505 not extended; paragraph 45 of the earlier judgment vacated; two matters ordered by consent; remaining 11 cases removed from continuation of the settlement conference and progressed to case management; costs for settlement...
Legal Topics
Case Management, Settlement Conference/fdr Practice, Stay of Proceedings, Admission of Fresh Evidence on Appeal, Confidentiality of Settlement Hearings, Costs
Source Language
ch
Civil Procedure Administrative Law Legal Aid Case Management Settlement Conference/fdr Practice Stay of Proceedings Admission of Fresh Evidence on Appeal Confidentiality of Settlement Hearings +1 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 Court Consolidated DCCJ Matters) / Interlocutory Appeal and Case Management Following Settlement Conference; Applications for Stays Pending Legal Aid/jr

  1. 1 Whether a second application for legal aid justifies extending the statutory stay of proceedings
  2. 2 Scope of appellate rehearing under Order 58(1) when reviewing a judicial officer's settlement-conference decision
  3. 3 Admissibility of fresh evidence on appeal (Ladd v Marshall test)

Ratio Decidendi

The court held that a repeated or belated legal aid application, previously refused and unsuccessfully appealed, does not justify prolonging the statutory pause; the appellate judge must rehear the matters afresh under Order 58(1) and is not bound by the judicial officer's decision; settlement conference judges are limited to the three categories of orders (adjournment/directions, consent disposals, directions to progress), and therefore disputed non-consensual case-management applications arising from the settlement conference should be transferred to another judge; only evidence arising after 22 August 2024 was admissible as fresh evidence on the appeal under the Order 58(1)(4)...

Court Disposition

Appeal allowed in part and interlocutory applications controlled: statutory pause for DCCJ 5505 not extended; paragraph 45 of the earlier judgment vacated; two matters ordered by consent; remaining 11 cases removed from continuation of the settlement conference and progressed to case management; costs for settlement...

Orders

  • Proceedings in DCCJ 5505/2023 restored and the 13 matters to be handled as set out (two matters DCCJ 5514/2023 and DCCJ 5580/2023 disposed of by consent order and 2024-09-27 hearing cancelled)
  • Reject further suspension of DCCJ 5505/2023 pending new legal aid application; statutory 42-day pause not extended beyond its operation without special reason