SRS Commerce Ltd v Yuji Imabeppu: Appeal on Setting Aside Service of Process for Misappropriation

SRS Commerce Ltd filed a writ action in the Singapore High Court against Yuji Imabeppu and others for misappropriation of money. The defendants, residing in Japan, successfully applied to set aside the service of action. The plaintiffs appealed, and Choo Han Teck J allowed the appeal, finding that the defendants were not prejudiced by the irregular service of process, as they were aware of the proceedings and had taken steps to defend them.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding improper service of process in a misappropriation case. The court allowed the appeal, finding no prejudice to the defendants.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
OthersDefendant, RespondentCorporationApplication to set aside service of action allowed by AR, appeal allowedLost
SRS Commerce LtdPlaintiff, AppellantCorporationAppeal AllowedWon
Yuji ImabeppuDefendant, RespondentIndividualApplication to set aside service of action allowed by AR, appeal allowedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Khoo Ching Shin ShemJLC Advisors LLP
Huang HaogenJLC Advisors LLP
Salem bin Mohamed IbrahimSalem Ibrahim LLC
Melissa KorSalem Ibrahim LLC

4. Facts

  1. Plaintiffs filed a writ action against the defendants for misappropriation of money.
  2. Defendants are residents of Japan.
  3. Plaintiffs sought and obtained a freezing order against the defendants' assets.
  4. Service of the writ was effected on the defendants in Japan by registered post.
  5. The statement of claim and accompanying affidavits were not translated into Japanese initially.
  6. Defendants entered appearance and took steps to defend the action.
  7. Defendants' solicitors initially did not raise objections to the service of process.

5. Formal Citations

  1. SRS Commerce Ltd & Another v Yuji Imabeppu & Others, Suit No 147 of 2014 (Registrar's Appeal No 270 of 2014), [2014] SGHC 209

6. Timeline

DateEvent
Plaintiffs filed a writ action against the defendants for misappropriation of money.
Leave granted to plaintiffs for service out of jurisdiction.
Defendants filed Summons No 2246 of 2014.
Assistant Registrar set aside the service of action on the defendants.
Defendants entered appearance.
Defendants filed a list of their assets.
Judgment reserved.

7. Legal Issues

  1. Validity of Service of Process
    • Outcome: The court held that the irregular service of process should not be set aside because the defendants were not prejudiced by the irregularity.
    • Category: Procedural
    • Sub-Issues:
      • Irregular service
      • Prejudice to defendant

8. Remedies Sought

  1. Freezing Order

9. Cause of Actions

  • Misappropriation of Money

10. Practice Areas

  • Litigation

11. Industries

  • Commerce

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ITC Global Holdings Pte Ltd (in liquidation) v ITC Ltd and OthersHigh CourtYes[2011] SGHC 150SingaporeCited for the principle that a defendant's awareness of proceedings is an important factor against setting aside service of process.
Kishinchando Narindas Sadhwani, Sadhwanis Japan v Sadhwani, Gobindram SadhwaniSupreme CourtNoCase No 1838(O) of 1994 dated 28 April 1998JapanCited regarding the validity of service when a defendant appears in foreign proceedings, but distinguished as the defendants in that case had fully participated in the proceedings before raising the issue of irregular service.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Order 11, r 4 of the Rules of Court (Cap 322, R5, 2006 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Service of process
  • Freezing order
  • Misappropriation
  • Prejudice
  • Irregular service

15.2 Keywords

  • Service of process
  • Freezing order
  • Misappropriation
  • Singapore
  • Japan

17. Areas of Law

Area NameRelevance Score
Service out of jurisdiction80
Freezing Order75
Fraud and Deceit70
Asset Recovery60
Civil Procedure60
Litigation50

16. Subjects

  • Civil Procedure
  • International Law
  • Conflict of Laws