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 refused the case-management stay and declined to give expedited trial directions because the balance of convenience, fairness and efficient use of resources favoured continuation: most defendants do not have the JR as their sole defence, private-law issues must be pleaded now to avoid delay and res...

Source-derived case information.

Citation
[2024] HKDC 2110
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: WONG WING SHAN; Defendant: MA MEI MEI; Defendant: WONG SEK TIM; Defendant: TAM WAI LAN; 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
16 December 2024
Case Number
DCCJ5546/2023
Procedural Posture
Civil Landlord and Tenant / Possession / Case Management Hearing (first Cmc)
Outcome
Stay application refused; expedited trial application declined
Legal Topics
Stay Application, Judicial Review Overlap, Case Management Stay, Expedited Trial Application, Promissory Estoppel
Source Language
ch
Landlord and Tenant Administrative Law Procedural Law Housing Law Stay Application Judicial Review Overlap Case Management Stay Expedited Trial Application +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

WONG WING SHAN

Defendant

MA MEI MEI

Defendant

WONG SEK TIM

Defendant

TAM WAI LAN

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 Landlord and Tenant / Possession / Case Management Hearing (first Cmc)

  1. 1 Whether to order a case-management stay pending a related judicial review
  2. 2 Whether defendants’ judicial review grounds are the sole or dominant defence in the regional court proceedings
  3. 3 Whether to order a fast/expedited trial

Ratio Decidendi

The court refused the case-management stay and declined to give expedited trial directions because the balance of convenience, fairness and efficient use of resources favoured continuation: most defendants do not have the JR as their sole defence, private-law issues must be pleaded now to avoid delay and res judicata problems, and defendants may seek injunctive relief or postponement in the High Court if appropriate; consequently the stay application failed and no fast-track trial dates were fixed.

Court Disposition

Stay application refused; expedited trial application declined

Orders

  • Stay of regional court proceedings refused
  • No expedited trial directions or fixed trial/pre-trial hearing dates were ordered at this stage