香港平民屋宇有限公司 對 關翠華

香港平民屋宇有限公司 對 關翠華

The court restored the legal proceedings in DCCJ 5505 and refused to prolong suspension for a second legal aid application where delay was unexplained and previous application had been refused and dismissed on appeal; the court ruled that fresh evidence filed on appeal was admissible only for events occurring after...

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
DCCJ5514/2023
Procedural Posture
Civil (district Court Ejectment/possession and Related Applications) / Appeal Against Judicial Officer's Decision; Case Management and Settlement Conference Stage
Outcome
Mixed: plaintiff's application to resume DCCJ 5505 granted; two matters (DCCJ 5514 and DCCJ 5580) proceeded by consent order and their scheduled hearing cancelled; remaining 11 cases removed from settlement conference and transferred for case management; defendants' applications for stays based on further legal aid...
Legal Topics
Stay of Proceedings, Adjournment, Admissibility of Fresh Evidence on Appeal, Confidential Settlement/fdr Limits, Costs, Consent Orders
Source Language
ch
Civil Procedure Judicial Review Legal Aid Alternative Dispute Resolution Case Management Stay of Proceedings Adjournment Admissibility of Fresh Evidence on Appeal +3 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 Ejectment/possession and Related Applications) / Appeal Against Judicial Officer's Decision; Case Management and Settlement Conference Stage

  1. 1 Whether proceedings should be suspended for a new legal aid application or resumed
  2. 2 Whether fresh evidence should be admitted on appeal under Order 58(1)(4) / Ladd v Marshall test
  3. 3 Scope and limits of powers of a settlement conference/FDR judge and confidentiality implications

Ratio Decidendi

The court restored the legal proceedings in DCCJ 5505 and refused to prolong suspension for a second legal aid application where delay was unexplained and previous application had been refused and dismissed on appeal; the court ruled that fresh evidence filed on appeal was admissible only for events occurring after 22 August 2024 and otherwise excluded under Order 58(1)(4) and Ladd v Marshall; the court held that settlement conference/FDR judges have limited powers and, where one party withdraws consent to continue the FDR, remaining contested case management matters must be transferred to another judge for case management and progression, and ordered a case management hearing for the...

Court Disposition

Mixed: plaintiff's application to resume DCCJ 5505 granted; two matters (DCCJ 5514 and DCCJ 5580) proceeded by consent order and their scheduled hearing cancelled; remaining 11 cases removed from settlement conference and transferred for case management; defendants' applications for stays based on further legal aid...

Orders

  • Restore legal proceedings in DCCJ 5505 and deal with 13 cases together for purposes directed
  • Grant consent orders for DCCJ 5514/2023 and DCCJ 5580/2023 and cancel the 27 September 2024 hearing