Murakami v Wiryadi: Foreign Judgment Enforcement & Limitation in Estate Dispute

In Murakami Takako (executrix of the estate of Takashi Murakami Suroso, deceased) v Wiryadi Louise Maria and Others, the Singapore Court of Appeal heard an appeal against the High Court's decision to allow the first and second respondents' application to amend their pleadings to include counterclaims and add Ryuzo Murakami as the fourth respondent. The case concerned a long-standing dispute over the assets of Takashi Murakami Suroso, situated in various parts of the world. The court dismissed the appeal, finding that the respondents' counterclaims were not time-barred due to the appellant's acknowledgment of the first respondent's rights under a prior Indonesian judgment.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal dismissed with costs and the usual consequential orders.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore Court of Appeal addresses enforcing a foreign judgment and limitation periods in a complex estate dispute. Appeal dismissed.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Murakami TakakoAppellantIndividualAppeal DismissedLost
Wiryadi Louise MariaRespondentIndividualApplication to Amend Pleadings AllowedWon
Murakami RyujiRespondentIndividualApplication to Amend Pleadings AllowedWon
Sjamsjur BahariRespondentIndividualNeutralNeutral
Murakami RyuzoRespondentIndividualApplication to Amend Pleadings AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Chan Sek KeongChief JusticeYes
Andrew Phang Boon LeongJustice of the Court of AppealNo

4. Counsels

Counsel NameOrganization
Alvin YeoWongPartnership
Subramanian A PillaiACIES Law Corporation
Devinder RaiACIES Law Corporation
Jaclyn NeoWongPartnership
Adrian WongRajah & Tann
Andre YeapRajah & Tann

4. Facts

  1. The appellant is the executrix of the estate of Takashi Murakami Suroso.
  2. The first respondent is the former wife of the testator.
  3. The second and fourth respondents are the children of the testator and the first respondent.
  4. Judgment 203 was delivered by the Supreme Court of Indonesia in relation to divorce proceedings.
  5. The appellant commenced proceedings in Singapore to recover assets of the testator.
  6. The respondents sought to amend their pleadings to include counterclaims based on Indonesian judgments.
  7. The assets in dispute are located in Indonesia, Singapore, Japan, and New York.

5. Formal Citations

  1. Murakami Takako (executrix of the estate of Takashi Murakami Suroso, deceased) v Wiryadi Louise Maria and Others, CA 111/2006, [2007] SGCA 43

6. Timeline

DateEvent
Testator's first wife died.
Testator and first respondent divorced.
Testator commenced ancillary proceedings in Indonesia against the first respondent.
Testator died.
Judgment 1265 was delivered by the Supreme Court of Indonesia.
Judgment 203 was delivered by the Supreme Court of Indonesia.
Date mentioned in re-amended statement of claim regarding Judgment 203.
Statement of claim amended to delete 'half-share'.
Judgment 2696 was delivered by the Supreme Court of Indonesia.
Appellant commenced proceedings against the first respondent.
Re-amended statement of claim filed.
Respondents made application to amend defence and plead counterclaims.
Judgment reserved.

7. Legal Issues

  1. Amendment of Pleadings
    • Outcome: The court held that the amendment of pleadings was permissible, as it would not result in an unfair trial to the respondents.
    • Category: Procedural
    • Sub-Issues:
      • Breach of court order
      • Inordinate delay
      • Prejudice to appellant
  2. Enforcement of Foreign Judgments
    • Outcome: The court held that Judgment 203 was a judgment in personam and that the Singapore court could recognize it as binding on the parties in relation to movable properties situated outside Indonesia.
    • Category: Substantive
    • Sub-Issues:
      • Judgment in personam vs. judgment in rem
      • Jurisdiction of foreign court
      • Recognition of foreign judgments
  3. Limitation of Actions
    • Outcome: The court held that the appellant's statement of claim constituted an acknowledgment of the first respondent's rights, thus extending the limitation period.
    • Category: Substantive
    • Sub-Issues:
      • Acknowledgment of debt
      • Extension of limitation period
  4. Forum Non Conveniens
    • Outcome: The court held that Singapore was a more convenient forum than New York for the claim regarding the Daiwa NY Account.
    • Category: Jurisdictional

8. Remedies Sought

  1. Recovery of Assets
  2. Accounting
  3. Delivery of Assets
  4. Amendment of Pleadings

9. Cause of Actions

  • Recovery of Assets
  • Breach of Trust
  • Action on Foreign Judgment
  • Accounting

10. Practice Areas

  • Commercial Litigation
  • Appeals
  • International Law
  • Estate Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Murakami Takako v Wiryadi Louise MariaHigh CourtYes[2007] 1 SLR 1119SingaporeCited for the trial judge's grounds of decision in allowing the application to amend pleadings.
Wishing Star Ltd v Jurong Town CorpHigh CourtYes[2006] SGHC 82SingaporeCited for the principle that pleadings can be amended at any stage of an action if disallowing it might result in an unfair trial.
Letang v CooperN/AYes[1965] 1 QB 232England and WalesCited for Diplock LJ's observation on the definition of 'cause of action'.
Lim Yong Swan v Lim Jee TeeCourt of AppealYes[1993] 1 SLR 500SingaporeCited for the principle that the burden of persuasion lies on the party applying for leave to amend.
Multi-Pak Singapore Pte Ltd v Intraco LtdN/AYes[1992] 2 SLR 793SingaporeCited for the principle that the meaning of 'cause of action' depends on the context in which it is used.
Doglioni v CrispinN/AYes(1866) LR 1 HL 301N/ACited in Dicey & Morris regarding jurisdiction to determine succession to movables.
In re TrufortN/AYes(1887) 36 Ch D 600N/ACited in Dicey & Morris regarding jurisdiction to determine succession to movables.
Pattni v AliPrivy CouncilYes[2007] 2 WLR 102Isle of ManCited for principles regarding judgments in rem and in personam, and their recognition in private international law.
Pollier v LaushwaySupreme Court of Nova ScotiaYes[2006] NSJ No 215CanadaCited for the argument that an action on a foreign judgment is merely an action on a simple debt.
In re Flynn, decd (No 2)N/AYes[1969] 2 Ch 403England and WalesCited for the principle that a mere reference to rights under a judgment may not be an acknowledgment.
Horner v CartwrightCourt of AppealYesHorner v Cartwright (Court of Appeal, 11 July 1989)England and WalesCited for the principle that the right shall be deemed to have accrued on the date of the acknowledgment.
PT Hutan Domas Raya v Yue Xiu Enterprises (Holdings) LtdN/AYes[2001] 2 SLR 49SingaporeCited for the principle that a counterclaim should not be dealt with in a separate forum.
Q & M Enterprises Sdn Bhd v Poh KiatN/AYes[2005] 4 SLR 494SingaporeCited for the principle that the relevant test for forum is which forum meets the ends of justice.
Nouvion v FreemanN/AYes(1885) 15 App Cas 1N/ACited for the principle that a judgment under appeal is not binding.
In re MacartneyN/AYes[1921] 1 Ch 522N/ACited for the principle that a judgment under appeal is not binding.
Ketteman v Hansel Properties LtdN/AYes[1987] AC 189N/ACited for the principle that prejudice cannot be measured in monetary terms.
Lum Kai Keng v Quek Peng ChyeHigh CourtYes[2001] SGHC 61SingaporeCited for the principle that speed and efficiency are primary considerations in our civil justice system.

13. Applicable Rules

Rule Name
O 11 of the Rules of Court (Cap 322, R 5, 2006 Rev Ed)

14. Applicable Statutes

Statute NameJurisdiction
Limitation Act (Cap 163, 1996 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Executrix
  • Testator
  • Matrimonial Assets
  • Judgment in Personam
  • Judgment in Rem
  • Limitation Period
  • Acknowledgment
  • Forum Non Conveniens
  • Counterclaim
  • Pleadings
  • Heirs
  • Estate

15.2 Keywords

  • Foreign Judgment
  • Limitation
  • Estate
  • Singapore
  • Court of Appeal
  • Civil Procedure
  • Conflict of Laws

17. Areas of Law

Area NameRelevance Score
Limitation90
Private International Law85
Foreign Judgments80
Civil Procedure75
Civil Practice75
Contracts40
Contract Law40
Commercial Litigation30
Commercial Disputes30
Corporate Litigation25
Constitutional Law10

16. Subjects

  • Civil Procedure
  • Conflict of Laws
  • Limitation of Actions
  • Estate Administration
  • Family Law