15 Oct 2021
CHINA MEDICAL TECHNOLOGIES, INC (IN LIQUIDATION) AND OTHERS v. BANK OF CHINA (HONG KONG) LTD
- Citation
- [2021] HKCFI 3042
- Court
- Court of First Instance
- Case number
- HCA1742/2018
The court held that the unjust enrichment/restitution claim was manifestly time-barred and struck it out, but that the balance of the defendant's strike-out grounds failed because (a) the knowing receipt and dishonest assistance claims raised difficult and unsettled legal and factual issues (including whether the bank beneficially received funds and whether limitation is postponed under s26(1)) unsuitable for resolution on strike-out, and (b) the s275 fraudulent trading claim was arguable on the pleaded facts and the Rule 58 procedural defect had been or could be cured by issuing the required…