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

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

A defendant who intends to advance a factual case contradicting a plaintiff's pleaded date of discovery must plead that alternative positive case; a bare denial is insufficient under RHC O.18 r.13(5). Unpleaded positive cases may not be raised at trial because pleadings define trial issues and allowing them causes unfair prejudice; accordingly the 6th Defendant cannot contend the fraud was discoverable earlier than 23 December 2013.

Citation
[2025] HKCFI 4997
Parties
1st Plaintiff (in Liquidation): CHINA MEDICAL TECHNOLOGIES, INC.; 2nd Plaintiff: CMED TECHNOLOGIES LTD; 3rd Plaintiffs (joint and Several Liquidators of China Medical Technologies, Inc.): COSIMO BORRELLI AND YUEN LAI YEE; 1st Defendant: WU XIAODONG; 2nd Defendant: SAMSON TSANG TAK YUNG; 3rd Defendant: CHEN ZHONG; 4th Defendant: ZHU FENG (CHARLES); 5th Defendant (in His Personal Capacity and Formerly Trading as Kam Hing Trading Co): CHONG WING HIP; 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 (in Her Personal Capacity and as Trustee): BI XIAOQIONG; 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
16 October 2025
Case Number
HCA3391/2016
Procedural Posture
Civil Insolvency/liquidation Claims Involving Alleged Fraud and Limitation Defence / Trial (third Day): Interlocutory Ruling on Whether 6th Defendant May Advance an Unpleaded Factual Case
Outcome
6th Defendant barred from contending at trial that Plaintiffs could have discovered the alleged fraud earlier than 23 December 2013
Legal Topics
Limitation Ordinance S.26, Pleading Requirements Under RHC O.18 R.13(5), Raising Unpleaded Issues at Trial, De Bene Esse Evidence, Burden of Proof on Discovery of Fraud
Source Language
EN
Civil Procedure Pleadings Limitation of Actions Fraud Evidence Insolvency Limitation Ordinance S.26 Pleading Requirements Under RHC O.18 R.13(5) +3 more

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Parties

CHINA MEDICAL TECHNOLOGIES, INC.

1st Plaintiff (in Liquidation)

CMED TECHNOLOGIES LTD

2nd Plaintiff

COSIMO BORRELLI AND YUEN LAI YEE

3rd Plaintiffs (joint and Several Liquidators of China Medical Technologies, Inc.)

WU XIAODONG

1st Defendant

SAMSON TSANG TAK YUNG

2nd Defendant

CHEN ZHONG

3rd Defendant

ZHU FENG (CHARLES)

4th Defendant

CHONG WING HIP

5th Defendant (in His Personal Capacity and Formerly Trading as Kam Hing Trading Co)

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

13th Defendant (in Her Personal Capacity and as Trustee)

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 Insolvency/liquidation Claims Involving Alleged Fraud and Limitation Defence / Trial (third Day): Interlocutory Ruling on Whether 6th Defendant May Advance an Unpleaded Factual Case

Legal Issues

  1. 1 Whether the 6th Defendant may advance at trial an unpleaded factual case that the Plaintiffs could have discovered the alleged fraud earlier than the pleaded date
  2. 2 Whether a defendant must plead a positive alternative version of events when traversing a plaintiff's allegation under RHC O.18 r.13(5)
  3. 3 Whether permitting the unpleaded point would cause prejudice and justify exclusion

Ratio Decidendi

A defendant who intends to advance a factual case contradicting a plaintiff's pleaded date of discovery must plead that alternative positive case; a bare denial is insufficient under RHC O.18 r.13(5). Unpleaded positive cases may not be raised at trial because pleadings define trial issues and allowing them causes unfair prejudice; accordingly the 6th Defendant cannot contend the fraud was discoverable earlier than 23 December 2013.

Court Disposition

6th Defendant barred from contending at trial that Plaintiffs could have discovered the alleged fraud earlier than 23 December 2013

Orders

  • 6th Defendant is not permitted to advance at trial the contention that the Plaintiffs could have discovered the alleged fraud earlier than 23 December 2013.