香港平民屋宇有限公司 對 黃桂榮

香港平民屋宇有限公司 對 黃桂榮

The court concluded that the defendant's second legal aid application did not justify further suspension of DCCJ 5505/2023 because the applicant had had reasonable opportunity previously and the Legal Aid Department had refused and that refusal had been affirmed on appeal; the court ordered the resumption of DCCJ...

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
DCCJ5614/2023
Procedural Posture
District Court Civil Proceedings / Appeal From Judicial Officer Decision and Case Management Hearing
Outcome
Proceedings for DCCJ 5505/2023 restored and the 13 related DCCJ matters directed into case management; prior paragraph 45 of the registrar's 22 August 2024 judgment revoked; settlement conference process terminated for the 11 unresolved cases; specific case management timetable and directions issued; costs in...
Legal Topics
Stay of Proceedings, Appeal De Novo From Judicial Officer, Settlement Conference / FDR Limits, Admission of Fresh Evidence, Confidentiality of Settlement Proceedings, Legal Aid Suspension Period
Source Language
ch
Civil Procedure Judicial Review Legal Aid Case Management Alternative Dispute Resolution Stay of Proceedings Appeal De Novo From Judicial Officer Settlement Conference / FDR Limits +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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

District Court Civil Proceedings / Appeal From Judicial Officer Decision and Case Management Hearing

  1. 1 Whether a repeat legal aid application justifies further stay of proceedings
  2. 2 Whether the appeal from a judicial officer/registrar must be reheard de novo and what scope of review applies
  3. 3 Whether fresh evidence filed on appeal is admissible (Ladd v Marshall test)

Ratio Decidendi

The court concluded that the defendant's second legal aid application did not justify further suspension of DCCJ 5505/2023 because the applicant had had reasonable opportunity previously and the Legal Aid Department had refused and that refusal had been affirmed on appeal; the court ordered the resumption of DCCJ 5505/2023 and consolidation/collective handling of the 13 matters for case management, limited admissibility of new evidence on appeal to events after 22 August 2024, terminated the settlement conference process for the 11 unresolved cases and directed a case management hearing for those matters with specific timetabling directions; costs relating to the settlement conference and...

Court Disposition

Proceedings for DCCJ 5505/2023 restored and the 13 related DCCJ matters directed into case management; prior paragraph 45 of the registrar's 22 August 2024 judgment revoked; settlement conference process terminated for the 11 unresolved cases; specific case management timetable and directions issued; costs in...

Orders

  • Restore legal proceedings in DCCJ 5505/2023 and deal with the 13 related cases together
  • Revoke paragraph 45 of the 22 August 2024 decision of the judicial officer