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

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

The summons was dismissed because the supplemental witness statement was hopelessly late without a full and frank explanation, effectively sought to introduce expert opinion by a partisan factual witness outside the expert directions, and the failure to seek timely expert directions and comply with case management justified exclusion to protect trial management and fairness; costs were awarded against the applicant.

Citation
[2024] HKCFI 278
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 (applicant): 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
30 January 2024
Case Number
HCA1417/2013
Procedural Posture
Civil Commercial Fraud and Insolvency (liquidation) Proceedings / Second Case Management Conference; Interlocutory Summons for Leave to File Supplemental Witness Statement Determined
Outcome
D3's Summons dismissed
Legal Topics
Expert Evidence, Witness Statements, Late Applications, Case Management, Valuation, Discovery, Costs
Source Language
EN
Civil Commercial Company Law Insolvency Fraud Evidence Procedure Expert Evidence +6 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 (applicant)

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 Commercial Fraud and Insolvency (liquidation) Proceedings / Second Case Management Conference; Interlocutory Summons for Leave to File Supplemental Witness Statement Determined

Legal Issues

  1. 1 Whether a late supplemental witness statement that contains or effectively advances expert opinion should be permitted
  2. 2 Whether a factual witness (and party) may give opinion evidence on technical matters and to what extent
  3. 3 Whether unexplained or inordinate delay justifies dismissal of an interlocutory application

Ratio Decidendi

The summons was dismissed because the supplemental witness statement was hopelessly late without a full and frank explanation, effectively sought to introduce expert opinion by a partisan factual witness outside the expert directions, and the failure to seek timely expert directions and comply with case management justified exclusion to protect trial management and fairness; costs were awarded against the applicant.

Court Disposition

D3's Summons dismissed

Orders

  • D3's Summons dismissed
  • Costs of D3's Summons to the Plaintiffs, to be taxed on a party and party basis, paid by the 3rd Defendant forthwith