Liu Tsu Kun v Tan Eu Jin: Conspiracy & Fraudulent Misrepresentation in Autostyle & VDPL Investments
Liu Tsu Kun and Liu Chung Chi sued Tan Eu Jin, Tan Eu Chong, and JE Capital Pte Ltd in the High Court of Singapore, alleging conspiracy and fraudulent misrepresentation related to investments in Autostyle Cars Company Limited and Virtues Development Pte Ltd. The plaintiffs claimed US$1 million, S$500,000, and S$2.5 million. The court found Tan Eu Jin and JE Capital liable for conspiracy but dismissed the claims against Tan Eu Chong. The court allowed the plaintiffs' claims in part.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Plaintiffs’ claims allowed in part.
1.3 Case Type
Civil
1.4 Judgment Type
Oral Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Plaintiffs sued defendants for conspiracy and fraudulent misrepresentation related to bogus investments in Autostyle and VDPL. Judgment for plaintiffs in part.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Eu Jin | Defendant | Individual | Claim allowed in part | Lost | |
| JE Capital Pte Ltd | Defendant | Corporation | Claim allowed in part | Lost | |
| Liu Tsu Kun | Plaintiff | Individual | Claim allowed in part | Partial | |
| Liu Chung Chi | Plaintiff | Individual | Claim allowed in part | Partial | |
| Tan Eu Chong | Defendant | Individual | Claim Dismissed | Dismissed |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Siong Thye | Judge | Yes |
4. Counsels
4. Facts
- Plaintiffs invested in Autostyle and VDPL based on representations by the defendants.
- The Autostyle investment was secured by a forged banker's guarantee.
- The VDPL investment involved the purchase of land at 15 Genting Road.
- Defendants used plaintiffs' investment money for purposes other than the intended investments.
- Forged receipt vouchers were issued to prove the VDPL investment was ongoing.
- Tan Eu Jin instructed Ng Wee Liam Jerry to delete an email thread relating to a banker's guarantee.
- The plaintiffs' US$1 million was used as part of a £1 million loan to Centurion without documentation or approval.
5. Formal Citations
- Liu Tsu Kun and another v Tan Eu Jin and others, Suit No 1233 of 2015, [2017] SGHC 241
6. Timeline
| Date | Event |
|---|---|
| Autostyle Subscription Agreement signed | |
| Liu Tsu Kun paid US$1 million to JE Capital for Autostyle investment | |
| JE Capital directors' resolution to purchase VDPL shares | |
| Term sheet between JE Capital and Virtues Group Pte Ltd signed | |
| JE Capital issued term sheet | |
| JE Capital requested Legal Due Diligence Report on VDPL | |
| Liu Tsu Kun advanced S$500,000 and Liu Chung Chi advanced S$2.5 million to JE Capital for VDPL investment | |
| Ng Wee Liam Jerry sent forged receipt vouchers to PW3 | |
| VDPL investment abandoned | |
| Hearing date | |
| Judgment reserved |
7. Legal Issues
- Conspiracy by Unlawful Means
- Outcome: The court found that Tan Eu Jin and JE Capital were liable for conspiracy by unlawful means.
- Category: Substantive
- Related Cases:
- [2014] 1 SLR 860
- [2016] 1 SLR 1129
- Fraudulent Misrepresentation
- Outcome: The court found that Tan Eu Jin made fraudulent misrepresentations in relation to the VDPL investment.
- Category: Substantive
- Related Cases:
- [2001] 2 SLR(R) 435
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Conspiracy by Unlawful Means
- Fraudulent Misrepresentation
10. Practice Areas
- Commercial Litigation
- Investment Fraud
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| EFT Holdings, Inc and another v Marinteknik Shipbuilders (S) Pte Ltd and another | Court of Appeal | Yes | [2014] 1 SLR 860 | Singapore | Cited for the elements of the tort of conspiracy by unlawful means. |
| Simgood Pte Ltd v MLC Barging Pte Ltd and others | Court of Appeal | Yes | [2016] 1 SLR 1129 | Singapore | Cited for the elements of the tort of conspiracy by unlawful means. |
| Panatron Pte Ltd and another v Lee Cheow Lee and another | Court of Appeal | Yes | [2001] 2 SLR(R) 435 | Singapore | Cited for the elements of the tort of fraudulent misrepresentation. |
| Trans-World (Aluminium) Ltd v Cornelder China (Singapore) | High Court | Yes | [2003] 3 SLR(R) 501 | Singapore | Cited for the principle that misrepresentation can be made by silence. |
| Wee Chiaw Sek Anna v Ng Li-Ann Genevieve (sole executrix of the estate of Ng Hock Seng, deceased) and another | Court of Appeal | Yes | [2013] 3 SLR 801 | Singapore | Cited for the principle that mere silence does not support an action of deceit and the standard of proof for fraudulent misrepresentation. |
| Tang Yoke Kheng (trading as Niklex Supply Co) v Lek Benedict and others | Court of Appeal | Yes | [2005] 3 SLR(R) 263 | Singapore | Cited for the standard of proof in civil cases where fraud is alleged. |
| Rockline Ltd and others v Anil Thadani and others | High Court | Yes | [2009] SGHC 209 | Singapore | Cited for the admissibility of similar fact evidence in civil cases. |
| Mood Music Publishing Co Ltd v De Wolfe Ltd | Court of Appeal | Yes | [1976] 1 Ch 119 | England and Wales | Cited for the principle of admitting similar facts evidence if logically probative. |
| OCM Opportunities Fund II, LP and others v Burhan Uray (alias Wong Ming Kiong) and others | High Court | Yes | [2004] SGHC 115 | Singapore | Cited for the principle that conspiracy can be inferred from the evidence. |
| The Dolphina | Court of Appeal | Yes | [2012] 1 SLR 992 | Singapore | Cited for the principle that conspirators need not know what their fellow conspirators had agreed to do so long as they share the same eventual object. |
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
- Autostyle
- VDPL
- Banker's Guarantee
- Conspiracy
- Fraudulent Misrepresentation
- Investment
- Director's Loan
- Receipt Vouchers
15.2 Keywords
- investment
- fraud
- conspiracy
- misrepresentation
- singapore
- court
- judgment
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Fraud and Deceit | 95 |
| Conspiracy by Unlawful Means | 95 |
| Misrepresentation | 90 |
| Contract Law | 70 |
16. Subjects
- Investment Fraud
- Conspiracy
- Misrepresentation