CHINA MEDICAL TECHNOLOGIES, INC. (IN LIQUIDATION) v. WU XIAODONG AND OTHERS

CHINA MEDICAL TECHNOLOGIES, INC. (IN LIQUIDATION) v. WU XIAODONG AND OTHERS

Items 6.1B and 6.1C are particulars identifying two further payments traceable from the alleged misappropriated funds and do not introduce new causes of action; the total pleaded receipt by the 6th Defendant remained US$17.76 million and the items were expressly excluded from that total to avoid double counting, therefore the leave to re-amend should not be set aside and the summons is dismissed.

Citation
[2025] HKCFI 4419
Parties
1st Plaintiff: CHINA MEDICAL TECHNOLOGIES, INC. (IN LIQUIDATION); 2nd Plaintiff: CMED TECHNOLOGIES LTD; 3rd Plaintiffs: COSIMO BORRELLI AND YUEN LAI YEE (IN THEIR CAPACITY AS THE JOINT AND SEVERAL LIQUIDATORS OF CHINA MEDICAL TECHNOLOGIES, INC. (IN LIQUIDATION)); 1st Defendant: WU XIAODONG; 2nd Defendant: SAMSON TSANG TAK YUNG; 3rd Defendant: CHEN ZHONG; 4th Defendant: ZHU FENG (CHARLES); 5th Defendant: CHONG WING HIP (IN HIS PERSONAL CAPACITY AND FORMERLY TRADING AS KAM HING TRADING CO); 6th Defendant: HAO XIAOQING ALLAN; 7th Defendant: SUPREME WELL INVESTMENTS LIMITED; 8th Defendant: EAST HOPE INTERNATIONAL LIMITED; 9th Defendant: CHEER LINK INTERNATIONAL LIMITED; 10th Defendant: INNOVATIVE TECHNOLOGY INVESTMENT LIMITED; 11th Defendant: DYNAMIC SENSE LIMITED; 12th Defendant: TIME REGION HOLDINGS LIMITED; 13th Defendant: BI XIAOQIONG (IN HER PERSONAL CAPACITY AND AS TRUSTEE OF THE XIAO QIONG BI TRUST AND THE ALISA WU IRREVOCABLE TRUST); 14th Defendant: WORLDPRO INVESTMENTS LIMITED; 15th Defendant: LONG CHART INVESTMENTS LIMITED; 16th Defendant: CHAVIS INVESTMENTS LIMITED; 17th Defendant: SINOWELL INTERNATIONAL INVESTMENT LIMITED; 18th Defendant: CHENGXUAN INTERNATIONAL LTD; 19th Defendant: WEIXIAO MEDICAL TECHNOLOGY LIMITED; 20th Defendant: WB INTERNATIONAL HOLDING PTE LTD; 21st Defendant: MAX PROSPER ENTERPRISES LIMITED; 22nd Defendant: JUN YUN BI; 23rd Defendant: GLOBAL FLASH LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2025
Case Number
HCA1417/2013
Procedural Posture
Civil Claim Amendment Application / Interlocutory Application to Set Aside Leave to Re Amend Pleadings
Outcome
6th Defendant's summons dated 11 September 2025 dismissed
Legal Topics
Amendment of Pleadings, Dishonest Assistance, Knowing Receipt, Particulars of Receipt, Costs Assessment
Source Language
EN
Civil Procedure Trusts Equitable Remedies Insolvency Costs Amendment of Pleadings Dishonest Assistance Knowing Receipt +2 more

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Parties

CHINA MEDICAL TECHNOLOGIES, INC. (IN LIQUIDATION)

1st Plaintiff

CMED TECHNOLOGIES LTD

2nd Plaintiff

COSIMO BORRELLI AND YUEN LAI YEE (IN THEIR CAPACITY AS THE JOINT AND SEVERAL LIQUIDATORS OF CHINA MEDICAL TECHNOLOGIES, INC. (IN LIQUIDATION))

3rd Plaintiffs

WU XIAODONG

1st Defendant

SAMSON TSANG TAK YUNG

2nd Defendant

CHEN ZHONG

3rd Defendant

ZHU FENG (CHARLES)

4th Defendant

CHONG WING HIP (IN HIS PERSONAL CAPACITY AND FORMERLY TRADING AS KAM HING TRADING CO)

5th Defendant

HAO XIAOQING ALLAN

6th Defendant

SUPREME WELL INVESTMENTS LIMITED

7th Defendant

EAST HOPE INTERNATIONAL LIMITED

8th Defendant

CHEER LINK INTERNATIONAL LIMITED

9th Defendant

INNOVATIVE TECHNOLOGY INVESTMENT LIMITED

10th Defendant

DYNAMIC SENSE LIMITED

11th Defendant

TIME REGION HOLDINGS LIMITED

12th Defendant

BI XIAOQIONG (IN HER PERSONAL CAPACITY AND AS TRUSTEE OF THE XIAO QIONG BI TRUST AND THE ALISA WU IRREVOCABLE TRUST)

13th Defendant

WORLDPRO INVESTMENTS LIMITED

14th Defendant

LONG CHART INVESTMENTS LIMITED

15th Defendant

CHAVIS INVESTMENTS LIMITED

16th Defendant

SINOWELL INTERNATIONAL INVESTMENT LIMITED

17th Defendant

CHENGXUAN INTERNATIONAL LTD

18th Defendant

WEIXIAO MEDICAL TECHNOLOGY LIMITED

19th Defendant

WB INTERNATIONAL HOLDING PTE LTD

20th Defendant

MAX PROSPER ENTERPRISES LIMITED

21st Defendant

JUN YUN BI

22nd Defendant

GLOBAL FLASH LIMITED

23rd Defendant

Procedural Posture

Civil Claim Amendment Application / Interlocutory Application to Set Aside Leave to Re Amend Pleadings

Legal Issues

  1. 1 Whether items 6.1B and 6.1C of Appendix 2 introduce new causes of action (dishonest assistance and knowing receipt) against the 6th Defendant
  2. 2 Whether the particulars in items 6.1B and 6.1C are material to the plaintiff's cause of action
  3. 3 Whether the amendment application was effectively made ex parte

Ratio Decidendi

Items 6.1B and 6.1C are particulars identifying two further payments traceable from the alleged misappropriated funds and do not introduce new causes of action; the total pleaded receipt by the 6th Defendant remained US$17.76 million and the items were expressly excluded from that total to avoid double counting, therefore the leave to re-amend should not be set aside and the summons is dismissed.

Court Disposition

6th Defendant's summons dated 11 September 2025 dismissed

Orders

  • Dismissal of the 6th Defendant's summons dated 11 September 2025
  • The costs of and occasioned by the 6th Defendant's summons are to be paid by the 6th Defendant to the Plaintiff to be summarily assessed