ILC CO., LTD. v SAITAMA HIROSHI & 3 Ors

[2023] SGHC 206 High Court (General Division) 1 August 2023 HC/OA 652/2023
3 cases cited Cited by 2 cases

Key facts

Court High Court (General Division)
Decided
Judge Choo Han Teck
Charges / claim Civil Procedure
Counsel Focus Law Asia LLC, Rajah & Tann Singapore LLP, Ang Leong Hao, Ashwin Kumar Menon, Joshua Ng Wei Kit

Source: [2023] SGHC 206, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (5)

Parties (5)

Asia Capital Management Pte Ltd Respondent
ILC Co, Ltd Applicant
Hora Yohei Respondent
Oshima Yumiko Respondent
Saitama Hiroshi Respondent

Case Significance

ILC Co, Ltd v Saitama Hiroshi and others [2023] SGHC 206 is a reserved judgment of Choo Han Teck J in the General Division of the High Court, delivered on 1 August 2023 in Originating Application No 652 of 2023. The applicant, ILC Co, Ltd, had a pending civil claim of US$6,718,925.11 against the first and second respondents and US$194,031.23 against the third and fourth respondents, and on 27 February 2023 obtained a Mareva injunction restraining them from dissipating assets, together with an ancillary order to file affidavits disclosing their assets. The third and fourth respondents froze the sum claimed but did not file the asset-disclosure affidavits, and the applicant sought leave to commence committal proceedings against them for that breach.

Summary

ILC Co, Ltd, which had obtained a Mareva injunction over four respondents in support of claims exceeding US$6.9 million, applied for leave to commence committal proceedings for breaches of the asset-disclosure orders. The High Court granted leave against the third and fourth respondents for failing to file disclosure affidavits, and also granted leave against the first and second respondents, dispensing with personal service under the Rules of Court 2021.

What was ILC Co, Ltd v Saitama Hiroshi [2023] SGHC 206 about?

ILC Co, Ltd sought leave from Choo Han Teck J to commence committal proceedings against the third and fourth respondents for failing to file asset-disclosure affidavits ordered alongside a Mareva injunction. The judgment was delivered on 1 August 2023.

What sums were claimed in ILC Co, Ltd v Saitama Hiroshi [2023] SGHC 206?

ILC Co, Ltd had a pending civil claim of US$6,718,925.11 against the first and second respondents and US$194,031.23 against the third and fourth respondents, securing a Mareva injunction on 27 February 2023 to restrain the dissipation of assets.

Cases Cited (3)

SLR (3)
[2014] 1 SLR 1140 [2016] 3 SLR 1 [2019] 3 SLR 836

Cited By (2)

Related cases

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Referenced in

Legal concepts & references

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC 206)