THE RESOLUTION AND COLLECTION CORPORATION v TSUNEJI KAWABE & 6 Ors

[2023] SGHC 100 High Court (General Division) 17 April 2023 HC/S 716/2021 ( HC/SUM 334/2023 )
1 cases cited Cited by 2 cases

Outcome

Application dismissed

“I thus dismiss the application of the Specific Defendants.”

Source: [2023] SGHC 100, High Court (General Division), decided 17 April 2023. Read directly from the judgment.

Key facts

Court High Court (General Division)
Decided
Judge Choo Han Teck
Charges / claim Civil Procedure
Outcome Application dismissed
Counsel Eugene Thuraisingam LLP, Focus Law Asia LLC, Joyce A. Tan & Partners LLC, Daniel Lim Ying Sin, Ng Yuen Siang, Shem Khoo Ching Shin, Veronica Teo Jia Hui

Source: [2023] SGHC 100, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (7)

Parties (8)

Case Significance

THE RESOLUTION AND COLLECTION CORPORATION v TSUNEJI KAWABE & 6 Ors [2023] SGHC 100 was decided by Choo Han Teck J in the General Division of the High Court on 17 April 2023 in Suit No 716 of 2021 (Summons No 334 of 2023). The plaintiff, a Japanese-incorporated company wholly owned by the Deposit Insurance Corporation of Japan, sought recovery connected to two Osaka District Court judgments obtained on 26 and 27 July 2001 against the late Mr Tsuneji Kawabe and Kawabe Bussan Co Ltd, carrying a judgment debt of JPY 17,483,893,290 excluding interest. The summons concerned the bifurcation of the trial involving the plaintiff and seven defendants.

Summary

The Resolution and Collection Corporation, a Japanese company recovering loan receivables, sought to enforce Osaka District Court judgments worth about JPY 17.48 billion against the estate and relatives of the late Tsuneji Kawabe and related parties. Certain defendants applied to bifurcate the trial so that preliminary issues on the foreign judgments would be tried first. Choo Han Teck J held that bifurcation would not be just and convenient because the issues overlapped with the knowing receipt and unjust enrichment claims, and dismissed the application.

What was The Resolution and Collection Corporation v Tsuneji Kawabe [2023] SGHC 100 about?

Decided by Choo Han Teck J on 17 April 2023, Summons No 334 of 2023 in Suit No 716 of 2021 concerned bifurcation of the trial. The plaintiff, owned by the Deposit Insurance Corporation of Japan, pursued recovery tied to Osaka District Court judgments.

How large was the Japanese judgment debt in The Resolution and Collection Corporation v Kawabe ([2023] SGHC 100)?

The plaintiff relied on two Osaka District Court judgments obtained on 26 and 27 July 2001 against Tsuneji Kawabe and Kawabe Bussan Co Ltd, carrying a judgment debt of JPY 17,483,893,290 excluding accruing interest.

Cases Cited (1)

SG (1)
[2022] SGHC 253

Cited By (2)

Related cases

Other Singapore judgments on the same subject, most closely matched first.

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC 100)