Omae Capital Management v Motomura: Setting Aside Service of Writ for Fraudulent Misrepresentation
In Omae Capital Management Pte Ltd v Tetsuya Motomura, the Singapore High Court considered an application by Mr. Motomura to set aside the Writ of Summons or the service of the Writ on him by Omae Capital Management Pte Ltd. The Plaintiff claimed loss and damage against the Defendant on account of the Defendant’s alleged fraudulent misrepresentations. The court granted the Defendant’s application, setting aside the service of the Writ due to irregularity.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Defendant's application to set aside the service of the Writ was granted.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court set aside the service of a writ on Mr. Motomura due to irregular service, concerning alleged fraudulent misrepresentations during his tenure as Chief Investment Officer.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Omae Capital Management Pte Ltd | Plaintiff | Corporation | Service of Writ Set Aside | Lost | |
| Tetsuya Motomura | Defendant | Individual | Application Granted | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Justin Yeo | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Arvind Daas Naaidu | Arvind Law LLC |
| Walter Ferix Silvester | Joseph Tan Jude Benny LLP |
4. Facts
- Plaintiff claimed loss and damage against the Defendant for alleged fraudulent misrepresentations.
- The Plaintiff alleged the Defendant concealed investigations by the US Department of Justice into LIBOR manipulation.
- The Plaintiff obtained leave to serve the Writ on the Defendant in Tokyo.
- The Writ was served on the Defendant by registered mail.
- The Defendant challenged the jurisdiction of the High Court of Singapore.
- There was no Civil Procedure Convention between Singapore and Japan.
5. Formal Citations
- Omae Capital Management Pte Ltd v Tetsuya Motomura, Suit No 1053 of 2014 (Summons No 5893 of 2014), [2015] SGHCR 8
6. Timeline
| Date | Event |
|---|---|
| Writ of Summons issued | |
| Ex parte Order of Court obtained | |
| Writ served on the Defendant by registered mail | |
| Defendant filed summons challenging jurisdiction | |
| Writ and Japanese translation served via registered mail | |
| Hearing held; prayer to set aside Writ withdrawn | |
| Decision Date |
7. Legal Issues
- Irregularity of Service
- Outcome: The court found that the Plaintiff's service of the Writ by registered mail was irregular.
- Category: Procedural
- Sub-Issues:
- Failure to comply with Japanese law on service of process
- Discretion to Cure Irregularity
- Outcome: The court declined to exercise its discretion to cure the irregularity in service of the Writ.
- Category: Procedural
8. Remedies Sought
- Setting aside the Writ of Summons
- Setting aside the service of the Writ
9. Cause of Actions
- Fraudulent Misrepresentation
- Deceit
10. Practice Areas
- Litigation
11. Industries
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| SRS Commerce Ltd and another v Yuji Imabeppu and others | High Court | Yes | [2015] 1 SLR 1 | Singapore | Cited regarding the method of service of a Singapore writ in Japan and the applicability of Sadhwani. |
| Kishinchando Naridas Sadhwani, Sadhwanis Japan v Sadhwani, Gobindram Sadhwani | Supreme Court of Japan | Yes | Case No 1838(O) of 1994 dated 28 April 1998 | Japan | Cited regarding the enforcement of foreign judgments and irregularities in service. |
| ITC Global Holdings Pte Ltd (In Liquidation) v ITC Ltd and others | High Court | Yes | [2011] SGHC 150 | Singapore | Cited regarding the court's discretion to cure irregularities in service. |
| Golden Ocean Assurance Ltd and World Mariner Shipping S A v Christopher Julian Martin and others | English Court of Appeal | Yes | [1990] 2 Lloyd’s Rep 215 | England | Cited regarding the court's discretion to cure irregularities in service and prejudice to the opposite party. |
| Phillips and another v Symes and others (No 3) | House of Lords | Yes | [2008] 1 WLR 180 | England | Cited regarding the court's discretion to cure irregularities in service and the faults of foreign authorities. |
| Astro Nusantara International BV v PT Ayunda Prima Mitra | Court of Appeal | Yes | [2013] 1 SLR 636 | Singapore | Cited regarding factors considered in deciding whether to exercise discretion to cure irregularities in service. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) O 11 r 4(2)(c) | Singapore |
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) O 11 r 3(3) | Singapore |
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) O 11 r 3(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Writ of Summons
- Service of Process
- Irregularity
- Jurisdiction
- Fraudulent Misrepresentation
- LIBOR
- Civil Procedure Convention
- Registered Mail
- Discretion to Cure
15.2 Keywords
- service of writ
- fraudulent misrepresentation
- jurisdiction
- Singapore
- Japan
- irregular service
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Service out of jurisdiction | 90 |
| Jurisdiction | 80 |
| Civil Practice | 75 |
| Civil Procedure | 70 |
| Fraud and Deceit | 60 |
| Misrepresentation | 60 |
| Judgments and Orders | 40 |
| Evidence | 30 |
| Affidavits | 30 |
16. Subjects
- Civil Procedure
- International Law
- Service of Process