Murakami Takako v Wiryadi Louise Maria: Amendment of Defence, Foreign Judgments, Forum Non Conveniens
In Murakami Takako v Wiryadi Louise Maria, the Singapore High Court addressed the defendants' application to amend their defence to include counterclaims and add a fourth defendant in a dispute over the estate of Takashi Murakami. The plaintiff, Takako Murakami, as executrix of the deceased's estate, brought the action against the defendants, including the deceased's wife and sons, concerning assets in Singapore. The court, presided over by Andrew Ang J, allowed the defendants' application, finding that the amendments would not cause injustice to the plaintiff and that the counterclaims were not time-barred. The court also considered issues of foreign judgment enforcement and forum non conveniens.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Defendants' application to amend their defence and to add Ryuzo Murakami as the fourth defendant was allowed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court judgment regarding amendment of defence, enforcement/recognition of foreign judgments, and forum non conveniens in estate dispute.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Murakami Takako | Plaintiff | Individual | Application to prevent amendment of defence denied | Lost | Devinder K Rai, Subramanian Pillai |
| Wiryadi Louise Maria | Defendant | Individual | Application to amend defence allowed | Won | Wilfred Choo, Andre Yeap Poh Leong, Adrian Wong Soon Peng, Dominic Chan |
| Ryuji Murakami | Defendant | Individual | Application to amend defence allowed | Won | Wilfred Choo, Andre Yeap Poh Leong, Adrian Wong Soon Peng, Dominic Chan |
| Bahari Sjamsjur | Defendant | Individual | Application to amend defence allowed | Won | Wilfred Choo, Andre Yeap Poh Leong, Adrian Wong Soon Peng, Dominic Chan |
| Ryuzo Murakami | Defendant | Individual | Application to amend defence allowed | Won | Wilfred Choo, Andre Yeap Poh Leong, Adrian Wong Soon Peng, Dominic Chan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Ang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Devinder K Rai | Acies Law Corporation |
| Subramanian Pillai | Acies Law Corporation |
| Wilfred Choo | W Choo & Co |
| Andre Yeap Poh Leong | Rajah & Tann |
| Adrian Wong Soon Peng | Rajah & Tann |
| Dominic Chan | Rajah & Tann |
4. Facts
- The plaintiff is the eldest daughter and executrix of the deceased's estate.
- The first defendant is the deceased's wife from 1968.
- The deceased had two children from a previous marriage, the plaintiff and her brother.
- The deceased had two sons, Ryuji and Ryuzo Murakami, with the first defendant.
- The first defendant and the deceased commenced divorce proceedings in Indonesia in 1992.
- The Indonesian Supreme Court issued Judgment 203 declaring certain properties as common property.
- The plaintiff's claim involves assets in Singapore forming part of the deceased's estate.
5. Formal Citations
- Murakami Takako v Wiryadi Louise Maria and Others, Suit 291/2005, SUM 2966/2006, [2007] SGHC 6
6. Timeline
| Date | Event |
|---|---|
| Divorce proceedings commenced in Indonesia between the first defendant and the deceased. | |
| The deceased made his last will. | |
| Divorce between the deceased and the first defendant was formalized. | |
| The deceased commenced proceedings for the division of joint assets in the Indonesian courts. | |
| Takashi Murakami Suroso (the deceased) died. | |
| Judgment 203 was delivered by the Indonesian Supreme Court. | |
| Suit No 291 of 2005 was initiated. | |
| Senior Assistant Registrar Kwek Mean Luck made an order of court. | |
| Trial was initially scheduled to commence. | |
| Defendants' application to amend was filed and served. | |
| Hearing regarding the amendments was held. | |
| The court allowed the defendants’ application to amend their defence and to add Ryuzo Murakami as the fourth defendant. | |
| Plaintiff appealed by way of Civil Appeal No 111 of 2006. | |
| Decision Date |
7. Legal Issues
- Amendment of Pleadings
- Outcome: The court allowed the amendment, finding that it would not cause injustice to the plaintiff.
- Category: Procedural
- Sub-Issues:
- Injustice to the other party
- Circumvention of court order
- Abuse of process
- Enforcement of Foreign Judgments
- Outcome: The court held that a Singapore court will not enforce a foreign judgment in rem if the subject matter of the proceedings was not situated in that foreign country when that judgment was given.
- Category: Substantive
- Sub-Issues:
- Judgment in rem
- Finality and conclusiveness of judgment
- Jurisdiction of foreign court
- Forum Non Conveniens
- Outcome: The court found that the plaintiff had not adduced sufficient evidence to show that New York was a more appropriate forum than Singapore to deal with the first defendant’s proposed counterclaim.
- Category: Jurisdictional
- Sub-Issues:
- Appropriate forum for counterclaim
8. Remedies Sought
- Return of half of the legal interest in the properties
- Monetary damages
- Rental income
9. Cause of Actions
- Breach of Trust
- Conspiracy
10. Practice Areas
- Litigation
- International Law
- Family Law
- Estate Planning
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| The Wishing Star Ltd v Jurong Town Corp | High Court | Yes | [2006] SGHC 82 | Singapore | Cited for the principle that amendments to pleadings should be allowed if fair to do so. |
| Lim Yong Swan v Lim Jee Tee | Court of Appeal | Yes | [1993] 1 SLR 500 | Singapore | Cited regarding the discretionary power to allow amendments and the requirement that the new cause of action arise from substantially the same facts. |
| Doglioni v Crispin | House of Lords | Yes | (1866) LR 1 HL 301 | England | Cited to illustrate that the courts of a foreign country have jurisdiction to determine the succession to all movables wherever situated of a testator or intestate dying domiciled in such country. |
| Re Trufort | Chancery Division | Yes | [1887] 36 Ch D 600 | England | Cited for the principle that where the title to the estate of a deceased person has been adjudicated upon by the courts of the country in which the deceased person was domiciled, the English courts would be bound by such decision and would follow it. |
| Nouvion v Freeman | N/A | Yes | (1889) 15 AC 1 | N/A | Cited for the principle that a foreign judgment which is liable to be abrogated or varied by the court which pronounced it is not a final judgment. |
| In re Macartney | N/A | Yes | [1921] 1 Ch 522 | N/A | Cited for the principle that a foreign judgment which is liable to be abrogated or varied by the court which pronounced it is not a final judgment. |
| British South Africa Company v Companhia De Mocambique | N/A | Yes | [1893] AC 602 | N/A | Cited as the leading case for the Mocambique rule, which holds that the courts of the country where the immovable property is situate have exclusive jurisdiction. |
| Murakami v Murakami | Supreme Court of New South Wales | Yes | [2005] NSWSC 953 | Australia | Cited regarding an ex parte order appointing the plaintiff as the administrator ad litem of the deceased’s estate. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Order 20 r 5 of the Rules of Court | Singapore |
| Limitation Act (Cap 163, 1996 Rev Ed) | Singapore |
| Reciprocal Enforcement of Foreign Judgments Act (Cap 265, 2001 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Judgment in rem
- Forum non conveniens
- Res judicata
- Issue estoppel
- Common property
- Executrix
- Estate of the deceased
- Counterclaim
- Amendment of defence
- Foreign judgment
15.2 Keywords
- amendment of defence
- foreign judgments
- forum non conveniens
- estate dispute
- Singapore High Court
16. Subjects
- Civil Procedure
- Conflict of Laws
- Estate Administration
17. Areas of Law
- Civil Procedure
- Conflict of Laws
- Foreign Judgments
- Enforcement of Foreign Judgments
- Recognition of Foreign Judgments
- Forum Non Conveniens
- Family Law
- Inheritance Law