CHEN BING CHUEN ALBERT (陳炳泉) V. CHINA STEM CELLS HOLDINGS LIMITED (and 7 others)

[2026] HKCFA 8 Court of Final Appeal 12 February 2026 • FAMV138/2025; FAMV139/2025; FAMV140/2025; FAMV141/2025; FAMV143/2025; FAMV144/2025; FAMV145/2025; FAMV146/2025 • 26 min read

3 cases cited (0 HK, 3 foreign)

Outcome

Application dismissed

we dismissed the application with costs.

Source: [2026] HKCFA 8, Court of Final Appeal, decided 12 February 2026. Read directly from the judgment.

Case Significance

In CHEN BING CHUEN ALBERT (陳炳泉) v. CHINA STEM CELLS HOLDINGS LIMITED (and 7 others) [2026] HKCFA 8, the Court of Final Appeal considered an application connected to earlier proceedings between China Stem Cells Holdings Ltd and Zheng Ting and Others, previously addressed in CHINA STEM CELLS HOLDINGS LTD v. ZHENG TING AND OTHERS (and 3 others) [2024] HKCFI 481 and CHINA STEM CELLS HOLDINGS LTD v. ZHENG TING AND OTHERS (and 11 others) [2025] HKCA 326. The Court of Final Appeal also had regard to the English decision in [2020] EWHC 194. Ruling on the application, the court held that "we dismissed the application with costs."

Summary

Chen Bing Chuen Albert and other defendants in consolidated proceedings brought by China Stem Cells Holdings Limited sought leave to appeal to the Court of Final Appeal regarding claims of fraudulent breach of fiduciary duty and proprietary remedies over BVI company shares. The Appeal Committee refused leave on most questions but granted leave on a narrow question concerning the proper approach to proprietary remedies for breach of fiduciary duty.

What did the Court of Final Appeal decide in CHEN BING CHUEN ALBERT (陳炳泉) v. CHINA STEM CELLS HOLDINGS LIMITED [2026] HKCFA 8?

The Court of Final Appeal held that "we dismissed the application with costs," concluding the litigation connected to CHINA STEM CELLS HOLDINGS LTD v. ZHENG TING AND OTHERS [2024] HKCFI 481 and the subsequent appeal in [2025] HKCA 326 before the Court of Appeal.

Which earlier decisions were referenced in the CHEN BING CHUEN ALBERT application before the Court of Final Appeal ([2026] HKCFA 8)?

The Court of Final Appeal referenced CHINA STEM CELLS HOLDINGS LTD v. ZHENG TING AND OTHERS (and 3 others) [2024] HKCFI 481, the related Court of Appeal decision [2025] HKCA 326, and the English High Court decision [2020] EWHC 194.