China Medical Technologies, Inc (in Liquidation) and Others v. Bank of China (Hong Kong) Ltd

HCA 1742/2018

[2025] HKCFI 4838

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1742 OF 2018

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D E C I S I O N

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1.This is an application by the Defendant for an extension of time to exchange witness statements and to postpone the date for taking out interlocutory applications. At the Initial CMC on 25 June 2025, this court ordered the parties to exchange witness statements on or before 17 September 2025, and to take out any other interlocutory applications on or before 29 October 2025.  The Defendant now asks for an additional 11 weeks to exchange its witness statements.

2.I do not accept the Defendant’s submissions that there has been any material change of circumstances since the Initial CMC which necessitates the present applications for extension of time. 

3.The 3 supplemental lists of documents filed in July and August were the result of the Defendant’s recent discovery of new relevant documents.  The Court had already taken the Defendant’s discovery exercise into account at the previous CMC in June when the date for exchanging witness statements was set. 

4.As to the Defendant’s recent change of solicitors on 15 September, there is nothing before the court to suggest why the last‑minute change was made.  Whatever the reason was, the Defendant must have been fully aware that the change of solicitors was made only a few days before it was due to file its witness statements pursuant to this court’s order.  The change of solicitors can hardly constitute a proper basis for the Defendant to get an extension of time to file its witness statements.

5.It is in my view unhelpful for the Defendant to attempt to blame the Plaintiff for diverting the Defendant’s time and resources in taking out the discovery application on 29 May 2025, or generally about the Plaintiff’s past conduct.

6.I bear in mind that the PTR is scheduled to take place on 29 June 2026, and the trial is scheduled to commence on 3 September 2026.  I have also borne in mind that even before the previous CMC in June 2025, the Defendant had already started the preparation process for its witness statements.  Further, the Defendant has also already had an extra 3 weeks since the time for exchanging witness statements expired on 17 September 2025.  In these circumstances, I am only prepared to give the Defendant an extension of time until 24 October 2025 to exchange its witness statements.  With this extension, the Defendant would have obtained an extension of time of over 5 weeks from 17 September 2025.  I will not make an “unless” order, but I expect that there will not be any further delay in exchanging the witness statements.

7.At the last CMC in June, it was the intention of this court to fix the next CMC on a date when all the interlocutory applications have already been taken out.  The next CMC has now been scheduled to take place at 10am on 12 December 2025.  There should be sometime between the last day when all the interlocutory applications are taken out and the next CMC.  Accordingly, I will extend the time for taking out any interlocutory application to 28 November 2025. 

8.I will now hear the parties on costs.

(Submissions on costs)

9.The Plaintiffs’ costs are summarily assessed at $23,000.

Mr Jordan Moulds of Karas So LLP, for the Plaintiffs

Mr Truman Mak of Herbert Smith Freehills Kramer, for the Defendant