RIVIERA CO., LTD. v TOSHIO MASUI
Key facts
| Court | High Court (General Division) |
|---|---|
| Decided | |
| Judge | Philip Jeyaretnam |
| Charges / claim | Civil Procedure |
| Counsel | Oon & Bazul LLP, TSMP Law Corporation, Daren Kim Chang Jin, Eoon Zizhen, Benedict (Wen Zizhen), Goh Enchi, Jeanne, Tan May Lian Felicia |
Source: [2023] SGHC 223, High Court (General Division), decided — eLitigation. Updated .
Catchwords
Practice Areas
Judges (1)
Counsel (6)
Parties (2)
Case Significance
Riviera Co, Ltd v Toshio Masui [2023] SGHC 223 is a grounds of decision of Philip Jeyaretnam J in the General Division of the High Court, delivered on 16 August 2023 in Suit No 572 of 2021 (Summons No 669 of 2023). The plaintiff, Riviera Co, Ltd, a Japanese company that succeeded to the rights and obligations of Aoi Corporation by an absorption merger on 1 April 2021, had already defeated the pleaded defences of the defendant, Japanese national Toshio Masui, through a trial on preliminary issues and a striking out application. Philip Jeyaretnam J dismissed the defendant's application to amend his defence to introduce a new defence, finding it unsustainable and largely a paraphrasing of the struck out defence.
[2023] SGHC 223 explained
RIVIERA CO., LTD. v TOSHIO MASUI ([2023] SGHC 223) is a Singapore judgment decided by the High Court (General Division) on 16 August 2023. It is categorised under Civil Procedure. Within this corpus it has since been cited by 2 other reported Singapore judgments, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.
What is [2023] SGHC 223 about?
RIVIERA CO., LTD. v TOSHIO MASUI ([2023] SGHC 223) is a High Court (General Division) decision from 2023. Its published catchwords are “Civil Procedure — Pleadings — Amendment”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.
Which legislation does [2023] SGHC 223 consider?
The judgment refers to Securities and Futures Act (Cap 289). The statutes cited are listed in full on this page, each linking to its primary text.
What earlier Singapore cases does [2023] SGHC 223 cite?
Among the in-corpus authorities it refers to are [2023] SGHC 216. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.
How influential is [2023] SGHC 223?
Within this corpus, [2023] SGHC 223 has been cited by 2 later reported Singapore judgments. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.
Summary
Riviera Co, Ltd, a Japanese company, brought an action against Toshio Masui to enforce a final monetary judgment of the Tokyo District Court arising from a 2015 loan agreement. After the plaintiff defeated Masui's pleaded defences through a trial on preliminary issues and a striking out, Masui applied to amend his defence to introduce a new defence. Philip Jeyaretnam J found the proposed amendment unsustainable and largely a paraphrase of the struck out defence, and dismissed the application to amend before entering judgment.
What was Riviera Co, Ltd v Toshio Masui [2023] SGHC 223 about?
It was an application by the defendant Toshio Masui before Philip Jeyaretnam J to amend his defence to introduce a new defence in Suit No 572 of 2021. The court dismissed the application on 16 August 2023, and the defendant appealed.
Why was the amendment refused in [2023] SGHC 223?
Philip Jeyaretnam J found the proposed amendment unsustainable and largely a paraphrasing of a defence already struck out, after Riviera Co, Ltd had defeated the defendant's pleaded defences through a trial on preliminary issues and a striking out application.
Statutes Cited
Cases Cited (3)
Related cases
Other Singapore judgments involving the same parties or counsel.
Referenced in
Statutes interpreted in this judgment
Legal concepts & references
Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2023] SGHC 223)