Orix Leasing v Koh Mui Hoe: Conversion Claim over Printing Machine
Orix Leasing Singapore Ltd sued Koh Mui Hoe and Ink Trading Pte Ltd in the High Court of Singapore, alleging conversion of a Mitsubishi 4-Colour Sheetfed Offset Press. Orix Leasing claimed that Koh Mui Hoe, acting on his own or as a director of Ink Trading Pte Ltd, unlawfully caused the machine to be removed from Rav Graphic Pte Ltd's premises. The court found Ink Trading Pte Ltd liable for conversion and awarded damages to Orix Leasing.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff against the second defendant, Ink Trading Pte Ltd.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Orix Leasing sues Koh Mui Hoe and Ink Trading for conversion of a printing machine. The court found Ink Trading liable for conversion.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Orix Leasing Singapore Ltd | Plaintiff | Corporation | Judgment for Plaintiff | Won | |
| Koh Mui Hoe | Defendant | Individual | Claim Dismissed | Dismissed | |
| Ink Trading Pte Ltd | Defendant | Corporation | Judgment for Plaintiff | Lost | |
| Kenzone Logistics Pte Ltd | Defendant | Corporation | Claim Dismissed | Dismissed | |
| Kim Heng Mechanic | Defendant | Other | Claim Dismissed | Dismissed |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
4. Facts
- Orix Leasing Singapore Ltd commenced an action to recover damages for conversion of a Mitsubishi 4-Colour Sheetfed Offset Press.
- Rav Graphic Pte Ltd (RGPL) had a hire purchase agreement with Orix Leasing for the Mitsubishi 4C.
- The Mitsubishi 4C was removed from RGPL’s premises without Orix Leasing’s consent or knowledge.
- Koh Mui Hoe and Ink Trading Pte Ltd were alleged to have caused the machine to be dismantled and sold to a Taiwanese buyer.
- Chua Soo Meng, a former employee of RGPL, testified that the Mitsubishi 4C was sold to one “Jimmy Koh” from ITPL and was dismantled in early March 2006.
- Koh Mui Hoe denied involvement in the removal of the Mitsubishi 4C.
- The court found that Koh Mui Hoe was acting as the agent of IPTL in the transactions.
5. Formal Citations
- Orix Leasing Singapore Ltd v Koh Mui Hoe and Others, Suit 739/2006, [2008] SGHC 211
6. Timeline
| Date | Event |
|---|---|
| RGPL entered into an agreement to take a printing machine on hire purchase from the plaintiff. | |
| Mitsubishi 4C was dismantled in early March 2006. | |
| Heidelberg 4C was removed from RGPL’s premises in August 2006. | |
| Plaintiff discovered that the Mitsubishi 4C and two other machines had been removed from RGPL’s premises. | |
| Judgment was obtained against the two directors of RGPL. | |
| Action commenced against four defendants. | |
| Parties were given leave to use the evidence adduced in suit 740 for the present action and vice versa. | |
| Judgment reserved. |
7. Legal Issues
- Conversion
- Outcome: The court found Ink Trading Pte Ltd liable for conversion of the Mitsubishi 4C.
- Category: Substantive
- Liability for Conversion
- Outcome: The court determined that Ink Trading Pte Ltd, rather than Koh Mui Hoe personally, was liable for the conversion, as Koh Mui Hoe was acting as an agent of Ink Trading Pte Ltd.
- Category: Substantive
8. Remedies Sought
- Damages for conversion
9. Cause of Actions
- Conversion
10. Practice Areas
- Commercial Litigation
11. Industries
- Printing
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Motis Export Ltd v Dampskibsselskabet AF 1912 Aktieselskab | N/A | Yes | [1999] 1 Lloyd’s Rep 837 | N/A | Cited for the principle that a person who takes an active part in delivering another’s goods to a third party by sale or gift or otherwise in a manner which is adverse to the right of the true owner, then he will be a wrongdoer. |
| Kuwait Airways Corp v Iraqi Airways Co | N/A | Yes | [2002] 2 WLR 1353 | N/A | Cited for the principle that a person who takes an active part in delivering another’s goods to a third party by sale or gift or otherwise in a manner which is adverse to the right of the true owner, then he will be a wrongdoer. |
| Lam Teik Kai v Hallam Nominees Ltd | N/A | No | [1997] 1 MLJ 146 | N/A | Cited for the principle that the burden of proof lay with the plaintiff to show, on a balance of probabilities, that the defendants were liable for conversion. |
| Watercraft Pte Ltd v Chong Chee Yan | High Court | No | [1996] SGHC 46 | Singapore | Cited for the principle that the burden of proof lay with the plaintiff to show, on a balance of probabilities, that the defendants were liable for conversion. |
| Chartered Electronics Industries Pte Ltd v Comtech IT Pte Ltd | N/A | Yes | [1998] 3 SLR 502 | N/A | Cited for the principle that the proper measure of damages would be the market value of the Mitsubishi 4C at the time of conversion. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Hire purchase
- Conversion
- Dismantling
- Second-hand printing machine
- Taiwanese buyer
- RGPL
- ITPL
15.2 Keywords
- Conversion
- Printing Machine
- Hire Purchase
- Orix Leasing
- Ink Trading
- Koh Mui Hoe
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Conversion | 99 |
| Torts | 75 |
| Hire Purchase | 60 |
| Corporate Law | 50 |
| Company Law | 50 |
| Civil Litigation | 30 |
| Contract Law | 25 |
| Business Law | 25 |
16. Subjects
- Tort
- Commercial Law