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

D3's Summons was dismissed because the supplemental statement (Chen 2) is a late, unexplained attempt to introduce expert opinion disguised as factual evidence; the applicant failed to justify the delay or seek expert directions earlier and admission would undermine case management and prejudice other parties.

Citation
[2024] HKCFI 278
Parties
1st Plaintiff (in Liquidation): China Medical Technologies, Inc; 2nd Plaintiff: CMED Technologies Ltd; 3rd Plaintiffs (liquidators): Cosimo Borrelli and Yuen Lai Yee (as joint and several liquidators of China Medical Technologies, Inc); 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
30 January 2024
Case Number
HCA3391/2016
Procedural Posture
Civil Fraud and Company Insolvency Litigation (claims Arising From Alleged Misappropriation and False Acquisitions) / Pre Trial Case Management Conference; Interlocutory Application (d3's Summons) for Leave to File Supplemental Witness Statement Dismissed
Outcome
D3's Summons dismissed
Legal Topics
Expert Evidence, Witness Statements, Late Application, Case Management, Valuation Disputes, Costs
Source Language
EN
Civil Procedure Company Law Fraud Expert Evidence Witness Statements Late Application Case Management Valuation Disputes +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

China Medical Technologies, Inc

1st Plaintiff (in Liquidation)

CMED Technologies Ltd

2nd Plaintiff

Cosimo Borrelli and Yuen Lai Yee (as joint and several liquidators of China Medical Technologies, Inc)

3rd Plaintiffs (liquidators)

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 Fraud and Company Insolvency Litigation (claims Arising From Alleged Misappropriation and False Acquisitions) / Pre Trial Case Management Conference; Interlocutory Application (d3's Summons) for Leave to File Supplemental Witness Statement Dismissed

Legal Issues

  1. 1 Whether leave should be granted to file a supplemental factual witness statement that in effect ferries in expert opinion
  2. 2 Whether the applicant provided a full and frank explanation for the lateness of the application
  3. 3 Whether a factual witness may properly give opinion evidence on technical matters and the weight to be accorded

Ratio Decidendi

D3's Summons was dismissed because the supplemental statement (Chen 2) is a late, unexplained attempt to introduce expert opinion disguised as factual evidence; the applicant failed to justify the delay or seek expert directions earlier and admission would undermine case management and prejudice other parties.

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, to be paid by the 3rd Defendant forthwith, Certificate for 1 counsel