香港平民屋宇有限公司 對 趙慶嬋

香港平民屋宇有限公司 對 趙慶嬋

The court ordered that DCCJ 5505/2023 be resumed and the 13 cases be progressed; refused to allow further suspension based on a second legal aid application where the first was refused and appeal rights exhausted; limited admission of new evidence to events occurring after 22 August 2024 per Order 58(1) and Ladd v...

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
DCCJ2496/2024
Procedural Posture
District Court Civil Proceedings / Interlocutory Appeal Against Judicial Officer Decision and Case Management Hearing
Outcome
Appeal proceedings and interlocutory applications partially allowed in part and administratively directed to progress; specific orders made to resume certain proceedings and to transfer contested applications to case management
Legal Topics
Stay of Proceedings, Settlement Conference/fdr Confidentiality, Admission of Fresh Evidence on Appeal, Case Management, Judicial Review Threats to Interlocutory Process
Source Language
ch
Civil Procedure Administrative Law Legal Aid Stay of Proceedings Settlement Conference/fdr Confidentiality Admission of Fresh Evidence on Appeal Case Management Judicial Review Threats to Interlocutory Process

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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

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

  1. 1 Whether the statutory suspension for a legal aid application justified further delay given a prior refused application and appeal
  2. 2 Scope of rehearing on appeal from a Judicial Officer under Order 58(1) and whether the appellate judge is bound by the Judicial Officer's decision
  3. 3 Admissibility of new evidence on appeal (application of Ladd v Marshall criteria)

Ratio Decidendi

The court ordered that DCCJ 5505/2023 be resumed and the 13 cases be progressed; refused to allow further suspension based on a second legal aid application where the first was refused and appeal rights exhausted; limited admission of new evidence to events occurring after 22 August 2024 per Order 58(1) and Ladd v Marshall principles; held that contested non-FDR applications raised during settlement conferences should be transferred to another judge and terminated the remaining FDR process for 11 cases to proceed to case management with specified directions and listing date.

Court Disposition

Appeal proceedings and interlocutory applications partially allowed in part and administratively directed to progress; specific orders made to resume certain proceedings and to transfer contested applications to case management

Orders

  • Order to resume DCCJ 5505/2023 and to deal with the 13 listed cases together (resumption granted)
  • Paragraph 45 of the Judicial Officer's 22 August 2024 judgment rescinded (no order made pursuant to that paragraph)