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

Communications and materials created by the liquidators and their agents with the six experts after the protective writ was issued were produced for the dominant purpose of obtaining legal advice and evidence for contemplated or pending litigation; therefore they are protected by litigation privilege. The affidavits filed in ex parte applications disclosed only conclusions or effects of those communications and did not deploy the contents so as to waive privilege. Accordingly the discovery/inspection summons is dismissed.

Citation
[2023] HKCFI 1892
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 (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
26 July 2023
Case Number
HCA3391/2016
Procedural Posture
Civil Insolvency/litigation Between Liquidators and Former Management (interlocutory Discovery Application) / Interlocutory (chambers Hearing on Summons Dated 24 September 2021 for Discovery and Inspection)
Outcome
Summons dismissed
Legal Topics
Litigation Privilege, Waiver of Privilege (deployment), Discovery, Expert Evidence, Protective Writ, Mareva/injunctive Relief
Source Language
EN
Civil Litigation Company Law Insolvency Evidence Procedural Law Litigation Privilege Waiver of Privilege (deployment) Discovery +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 (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 Insolvency/litigation Between Liquidators and Former Management (interlocutory Discovery Application) / Interlocutory (chambers Hearing on Summons Dated 24 September 2021 for Discovery and Inspection)

Legal Issues

  1. 1 Whether the Subject Materials are protected by litigation privilege
  2. 2 Whether privilege was waived by deployment in ex parte applications
  3. 3 Whether the documents are necessary for disposing fairly of the cause or matter or for saving costs (necessity)

Ratio Decidendi

Communications and materials created by the liquidators and their agents with the six experts after the protective writ was issued were produced for the dominant purpose of obtaining legal advice and evidence for contemplated or pending litigation; therefore they are protected by litigation privilege. The affidavits filed in ex parte applications disclosed only conclusions or effects of those communications and did not deploy the contents so as to waive privilege. Accordingly the discovery/inspection summons is dismissed.

Court Disposition

Summons dismissed

Orders

  • Summons dated 24 September 2021 dismissed
  • Costs to follow the event: costs to the Plaintiffs to be summarily assessed and paid by the 2nd Defendant forthwith, certificate for Senior Counsel