香港平民屋宇有限公司 對 梁亞端

香港平民屋宇有限公司 對 梁亞端

The court held that (1) an applicant cannot use repeated or belated legal aid applications to indefinitely delay proceedings; absent good reason the statutory 42-day suspension should not be extended and DCCJ 5505 should be restored; (2) appeals from settlement/conciliation hearings must be reheard afresh by a judge...

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
DCCJ5511/2023
Procedural Posture
Civil (district Court) / Appeal From Judicial Officer Decision; Case Management and Settlement Conference Proceedings
Outcome
Appeal partially allowed in procedural respects; DCCJ 5505 proceedings resumed; consent orders made for DCCJ 5514/2023 and DCCJ 5580/2023; remaining 11 matters removed from settlement hearing roll and advanced to case management
Legal Topics
Stay of Proceedings, Application for Legal Aid, Settlement Conference (without Prejudice), Admission of Fresh Evidence on Appeal, Case Management, Judicial Review
Source Language
ch
Civil Procedure Administrative Law Legal Aid Law Alternative Dispute Resolution Stay of Proceedings Application for Legal Aid Settlement Conference (without Prejudice) Admission of Fresh Evidence on Appeal +2 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 5 Authorities cited 10 Party arguments 2 Amounts and remedies 2
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

Civil (district Court) / Appeal From Judicial Officer Decision; Case Management and Settlement Conference Proceedings

  1. 1 Whether the 42-day suspension for a second legal aid application should continue or proceedings should be resumed
  2. 2 Whether the appeal court should admit new evidence filed after the settlement conference hearing
  3. 3 Whether orders made or declined at a settlement/conciliation hearing (and the judge who heard it) are properly revisited by another judge and what powers a settlement judge has

Ratio Decidendi

The court held that (1) an applicant cannot use repeated or belated legal aid applications to indefinitely delay proceedings; absent good reason the statutory 42-day suspension should not be extended and DCCJ 5505 should be restored; (2) appeals from settlement/conciliation hearings must be reheard afresh by a judge but the settlement judge's limited jurisdiction must be respected—such judges may only adjourn, make consent orders, or direct progression; contested applications arising from a settlement hearing should be transferred to another judge without the settlement judge making substantive contested orders; (3) fresh evidence filed on appeal is admissible only in respect of events...

Court Disposition

Appeal partially allowed in procedural respects; DCCJ 5505 proceedings resumed; consent orders made for DCCJ 5514/2023 and DCCJ 5580/2023; remaining 11 matters removed from settlement hearing roll and advanced to case management

Orders

  • Order that DCCJ 5505/2023 be restored and the 13 consolidated matters be progressed in accordance with directions
  • Consent orders made in DCCJ 5514/2023 and DCCJ 5580/2023 and the hearing listed for 27 September 2024 vacated