|
HCA 57/2018
[2025] HKCFI 4299
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO 57 OF 2018
______________
|
BETWEEN
|
|
|
ALLIED WELI DEVELOPMENT LIMITED
|
Plaintiff
|
|
|
(In Liquidation)
|
|
|
|
and
|
|
|
|
CHUANG YUE-CHIEN EUGENE (莊友堅)
|
1st Defendant
|
|
|
LIAO MIAO LING, CINDY (廖苗玲)
|
4th Defendant
|
|
|
PAK WILLIAM EUI WON
|
5th Defendant
|
|
|
TONG SO YUET
|
7th Defendant
|
|
|
KAREN LO KI-YAN (羅琪恩)
|
20th Defendant
|
______________
|
Before:
|
Deputy High Court Judge KC Chan in Chambers (Open to Public)
|
|
Date of Hearing:
|
24-26 June and 20 September 2024
|
|
Date of Decision:
|
17 September 2025
|
_______________
D E C I S I O N
_______________
A. INTRODUCTION
1.
Before me for determination are 2 summonses.
2.
The first is the 1
st
Defendant (“
Chuang
”)’s summons taken out on 17 August 2023
a. to set aside the
ex parte
order of Master Phoebe Man dated 13 January 2022 renewing the validity of the Writ in this action for one year as from 9 January 2022; and
b. to strike out the Statement of Claim (“
SoC
”) for disclosing no reasonable cause of action, being an abuse of process and/or embarrassing and to consequentially dismiss the action as against him, or alternatively to strike out such parts of the SoC as set out in the Annex to the summons on the same grounds.
3.
The second is the 20
th
Defendant (“
Lo
”)’s summons taken out on 11 September 2023 to strike out the Plaintiff (“
the Company
” or “
P
”)’s claims against her on the ground that such claims disclose no reasonable cause of action.
4.
This action has a long history with the underlying events going back to 2011.
5.
The Company was a BVI company founded by Chuang in 1996. Chuang was its permanent managing director from 1 November 1996 to 11 November 2009. Lo is Chuang’s wife and has been the largest identified ultimate beneficial owner of the Company.
6.
The Company was wound up on 22 February 2016 upon a creditor’s petition as it has been denuded of all its very substantial assets which were then valued at about HK$3.8 billion. The liquidators of the Company (“
the Liquidators
”) were appointed on 8 July 2016. Their investigations into the affairs of the Company met with fierce resistance, unusual difficulties and non-cooperation and were hardly fruitful.
7.
The Writ in this action was issued in January 2018. Its validity was repeatedly extended to give time to the Liquidators to progress their investigations.
8.
The central events complained of giving rise to P’s present claims are the re-organization of the Company’s shareholdings in March and April 2012 and then immediately followed by what P refers to as the “Asset Strip” that occurred in May 2012 divesting all the Company’s very substantial
|