8 Sept 2023
CHINA MEDICAL TECHNOLOGIES INC (In Liquidation) AND OTHERS v. THE BANK OF EAST ASIA, LTD
- Citation
- [2023] HKCFI 2156
- Court
- Court of First Instance
- Case number
- HCA1741/2018
Court refused to strike out the claims in their entirety: pleadings of dishonest assistance and knowing receipt were sufficiently particularised for present purposes and limitation defences under the Limitation Ordinance were not manifestly dispositive because the meaning of 'fraud' in s26(1) LO and the question whether the bank received funds beneficially are contentious and fact‑sensitive; however the fraudulent trading claim under s275 was struck out because the bank was not a party to carrying on the company's business; relief from sanction of the unless order was granted and the Defendan…