香港平民屋宇有限公司 對 周德榮

香港平民屋宇有限公司 對 周德榮

The court ordered immediate restoration of DCCJ 5505/2023 (no further statutory suspension for a second, delayed legal aid application where prior application had been refused and appeal rights exhausted), declined to accept most fresh evidence except matters arising after 22 August 2024, held that settlement/FDR...

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
DCCJ5613/2023
Procedural Posture
Civil Consolidated Regional Court Possession/landlord Tenant Proceedings / Appeal Against Interlocutory Decision From a Settlement Conference; Case Management Stage (oral Hearing and Reserved Reasons)
Outcome
Mixed: plaintiff’s application to restore DCCJ 5505/2023 granted; judicial master’s 22 August 2024 order (para 45) set aside to the extent it imposed an indefinite suspension; settlement conference process terminated for 11 unresolved cases and those cases ordered to case management; consent orders made for two...
Legal Topics
Case Management, Stay of Proceedings, Admissibility of Fresh Evidence on Appeal, Confidentiality of Settlement/fdr Hearings, Abuse of Process (repeated Legal Aid Applications)
Source Language
ch
Civil Procedure Administrative Law (judicial Review) Legal Aid Law Alternative Dispute Resolution/settlement Conferences Case Management Stay of Proceedings Admissibility of Fresh Evidence on Appeal Confidentiality of Settlement/fdr Hearings +1 more

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Summary, issues, holding and outcome

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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 Consolidated Regional Court Possession/landlord Tenant Proceedings / Appeal Against Interlocutory Decision From a Settlement Conference; Case Management Stage (oral Hearing and Reserved Reasons)

  1. 1 Whether a second legal aid application justifies further statutory suspension under Legal Aid Ordinance/Regulations
  2. 2 Whether the presiding judicial officer at a settlement conference may determine contested non-trial applications or make orders that bind subsequent litigation judges
  3. 3 Admissibility of new evidence on appeal under Order 58 r1(4) and the Ladd v Marshall test

Ratio Decidendi

The court ordered immediate restoration of DCCJ 5505/2023 (no further statutory suspension for a second, delayed legal aid application where prior application had been refused and appeal rights exhausted), declined to accept most fresh evidence except matters arising after 22 August 2024, held that settlement/FDR judges must not decide contested non-trial case-management applications (those should be transferred to another judge), terminated the remaining settlement conference process for the 11 unresolved cases and directed that those cases proceed to a case management hearing on 16 December 2024 with specified directions (filing of timetable questionnaires by 2 December and written case...

Court Disposition

Mixed: plaintiff’s application to restore DCCJ 5505/2023 granted; judicial master’s 22 August 2024 order (para 45) set aside to the extent it imposed an indefinite suspension; settlement conference process terminated for 11 unresolved cases and those cases ordered to case management; consent orders made for two...

Orders

  • Restore proceedings in DCCJ 5505/2023 and deal with the 13 cases collectively as directed
  • Set aside paragraph 45 of the 22 August 2024 judgment (the indefinite suspension)