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

The judge held that items 6.1B and 6.1C are particulars identifying payments traceable from alleged misappropriated funds, do not introduce new causes of action against the 6th Defendant, do not alter the pleaded total receipt of US$17.76 million, and that the amendment application was not ex parte; accordingly the 6th Defendant's summons was dismissed and costs were awarded against him.

Citation
[2025] HKCFI 4419
Parties
1st Plaintiff (in Liquidation): China Medical Technologies, Inc.; 2nd Plaintiff: CMED Technologies Ltd; 3rd Plaintiffs (in Their Capacity as the Joint and Several Liquidators of China Medical Technologies, Inc. (in Liquidation)): 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 of the Xiao Qiong Bi Trust and the Alisa Wu Irrevocable Trust): 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
17 September 2025
Case Number
HCA3391/2016
Procedural Posture
Civil (company Liquidation; Equitable Claims) / Interlocutory (application to Set Aside Leave to Re Amend Pleadings)
Outcome
The 6th Defendant's summons dated 11 September 2025 was dismissed.
Legal Topics
Amendment of Pleadings, Dishonest Assistance, Knowing Receipt, Particulars of Claim, Costs Assessment
Source Language
EN
Civil Company Law Insolvency Equity and Trusts Civil Procedure Amendment of Pleadings Dishonest Assistance Knowing Receipt +2 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 (in Their Capacity as the Joint and Several Liquidators of China Medical Technologies, Inc. (in Liquidation))

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 of the Xiao Qiong Bi Trust and the Alisa Wu Irrevocable Trust)

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 (company Liquidation; Equitable Claims) / 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 change the pleaded quantum of receipts by the 6th Defendant
  3. 3 Whether the amendment application was effectively ex parte due to the 6th Defendant's absence from the PTR

Ratio Decidendi

The judge held that items 6.1B and 6.1C are particulars identifying payments traceable from alleged misappropriated funds, do not introduce new causes of action against the 6th Defendant, do not alter the pleaded total receipt of US$17.76 million, and that the amendment application was not ex parte; accordingly the 6th Defendant's summons was dismissed and costs were awarded against him.

Court Disposition

The 6th Defendant's summons dated 11 September 2025 was dismissed.

Orders

  • Dismissal of the 6th Defendant's summons dated 11 September 2025.
  • The 6th Defendant must pay the costs of and occasioned by the summons to the Plaintiff, to be summarily assessed at HK$90,000.