Monex Group v E-Clearing: Committal Order for Failure to Comply with Disclosure Order
Monex Group (Singapore) Pte Ltd sued E-Clearing (Singapore) Pte Ltd to recover sums due under a contract. The High Court of Singapore, presided over by Judith Prakash J, considered an application for a committal order against Mr. Wong Wei Ming, a director and shareholder of E-Clearing, for failure to comply with a disclosure order related to a Mareva injunction. The court found Mr. Wong in breach of the disclosure order in two respects but granted a suspended committal order, giving him 30 days to provide the required documents.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Suspended committal order granted to the plaintiff. The respondent was given 30 days to purge his contempt by supplying the required documents.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for committal order due to E-Clearing's failure to comply with a disclosure order. The court granted a suspended committal order.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Monex Group (Singapore) Pte Ltd | Plaintiff | Corporation | Suspended committal order granted | Partial | |
| E-Clearing (Singapore) Pte Ltd | Defendant | Corporation | Committal order granted but suspended | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Suchitra Ragupathy | Rodyk & Davidson LLP |
| Bernice Tan Huilin | Harry Elias Partnership LLP |
4. Facts
- Monex Group sued E-Clearing to recover sums due under a contract for use of the Monex System.
- Judgment was given in favor of Monex Group, ordering E-Clearing to provide an account of revenue earned.
- A Mareva injunction was obtained against E-Clearing, including a disclosure order.
- Wong Wei Ming, a director of E-Clearing, was served with the disclosure order.
- Monex Group applied for a committal order against Wong Wei Ming for failure to comply with the disclosure order.
- Wong Wei Ming claimed he had complied with the order and provided some documents.
- The court found Wong Wei Ming in breach of the disclosure order in two respects.
5. Formal Citations
- Monex Group (Singapore) Pte Ltd v E-Clearing (Singapore) Pte Ltd, Suit No 54 of 2008 (Summons No 2989 of 2011), [2012] SGHC 189
6. Timeline
| Date | Event |
|---|---|
| Monex System utilized by E-Clearing from January 2007 to March 2009 | |
| Suit 54 of 2008 filed by Monex Group against E-Clearing | |
| Trial of Suit 54 took place | |
| Judgment given in favour of Monex Group | |
| Discovery orders made | |
| Discovery orders made | |
| Agnes Chua filed an affidavit on behalf of E-Clearing | |
| Mareva injunction obtained by Monex Group against E-Clearing | |
| Disclosure order served on E-Clearing's registered office | |
| Copy of disclosure order left at Wong Wei Ming's residence | |
| Wong Wei Ming acknowledged receiving disclosure order via email | |
| Supplemental order obtained from the High Court | |
| Copy of supplemental order left at Wong Wei Ming's residence and sent via email | |
| Assistant Registrar assessed the amount payable by E-Clearing to Monex Group | |
| Application filed for committal order against Wong Wei Ming | |
| Wong Wei Ming filed an affidavit | |
| First hearing of the application | |
| Plaintiff's solicitors wrote to Wong Wei Ming regarding document production | |
| E-Clearing was wound up | |
| Wong Wei Ming filed a second affidavit | |
| David Bryne affirmed an affidavit on behalf of Monex Group | |
| Wong Wei Ming filed his third affidavit | |
| Wong Wei Ming's last visit to the warehouse to look through the contents of the boxes | |
| Judgment reserved |
7. Legal Issues
- Contempt of Court
- Outcome: The court found the respondent in breach of the disclosure order but granted a suspended committal order.
- Category: Procedural
- Sub-Issues:
- Failure to comply with disclosure order
- Related Cases:
- [2007] 2 SLR(R) 518
- [2010] 4 SLR 870
- Compliance with Disclosure Order
- Outcome: The court determined the scope of the disclosure order and whether the respondent had complied with its requirements.
- Category: Substantive
8. Remedies Sought
- Committal Order
- Disclosure of Information
9. Cause of Actions
- Breach of Contract
- Contempt of Court
10. Practice Areas
- Commercial Litigation
11. Industries
- Financial Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Monex Group (Singapore) Pte Ltd v E-Clearing (Singapore) Pte Ltd | High Court | Yes | [2010] SGHC 63 | Singapore | Cited for the initial judgment in favour of the plaintiff and the dismissal of the defendant's counterclaim. |
| Pertamina Energy Trading Ltd v Karaha Bodas Co LLC and others | N/A | Yes | [2007] 2 SLR(R) 518 | Singapore | Cited for the principle that the criminal standard of proof beyond reasonable doubt applies in contempt of court applications. |
| Tan Beow Hiong v Tan Boon Aik | N/A | Yes | [2010] 4 SLR 870 | Singapore | Cited for the principle that a committal proceeding is a measure of last resort. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Disclosure Order
- Committal Order
- Mareva Injunction
- Contempt of Court
- Monex System
- Bank Accounts
- Revenue
- Liquidator
15.2 Keywords
- committal order
- disclosure order
- contempt of court
- Monex Group
- E-Clearing
- Wong Wei Ming
- Mareva injunction
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Disclosure Order | 80 |
| Contempt of Court | 70 |
| Injunctions | 60 |
| Contract Law | 50 |
| Evidence Law | 40 |
| Company Law | 30 |
| Garnishee Proceedings | 20 |
16. Subjects
- Civil Procedure
- Contempt of Court
- Commercial Litigation