JTrust Asia v Group Lease: Striking Out Application for Conspiracy to Defraud
In JTrust Asia Pte Ltd v Group Lease Holdings Pte Ltd, the High Court of Singapore heard an application by the first and second defendants to strike out the plaintiff's action for conspiracy to defraud. The defendants argued that the plaintiff's acquisition of the third defendant constituted an abuse of process. Justice Choo Han Teck dismissed the application, finding that the evidence needed to be tested at trial to determine the truth of the allegations. Costs were reserved to the trial judge.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Application to strike out the plaintiff’s action is dismissed with costs reserved to the trial judge.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
JTrust Asia's action against Group Lease for conspiracy to defraud faces a striking out application, which the court dismisses, pending a full trial.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| JTrust Asia Pte Ltd | Plaintiff | Corporation | Application to strike out dismissed | Neutral | Chan Leng Sun, Sheik Umar Bin Mohamed Bagushair, Lee Ying-Ying Michelle |
| Group Lease Holdings Pte Ltd | Defendant, Applicant | Corporation | Application to strike out dismissed | Lost | Edric Pan Xingzheng, Chia Huai Yuan, Zheng Huaice |
| Mitsuji Konoshita | Defendant, Applicant | Individual | Application to strike out dismissed | Lost | Edric Pan Xingzheng, Chia Huai Yuan, Zheng Huaice |
| Cougar Pacific Pte Ltd | Defendant | Corporation | No specific outcome | Neutral | Daniel Tan Shi Min, Nigel Teo |
| Aref Holdings Limited | Defendant | Corporation | No specific outcome | Neutral | Kenneth Yap |
| Adalene Limited | Defendant | Corporation | No specific outcome | Neutral | Kenneth Yap |
| Bellaven Limited | Defendant | Corporation | No specific outcome | Neutral | Kenneth Yap |
| Baguera Limited | Defendant | Corporation | No specific outcome | Neutral | Kenneth Yap |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chan Leng Sun | Wong & Leow LLC |
| Sheik Umar Bin Mohamed Bagushair | Wong & Leow LLC |
| Lee Ying-Ying Michelle | Wong & Leow LLC |
| Edric Pan Xingzheng | Dentons Rodyk & Davidson LLP |
| Chia Huai Yuan | Dentons Rodyk & Davidson LLP |
| Zheng Huaice | Dentons Rodyk & Davidson LLP |
| Daniel Tan Shi Min | WongPartnership LLP |
| Nigel Teo | WongPartnership LLP |
| Pillai Pradeep G | PRP Law LLC |
| Simren Kaur Sandhu | PRP Law LLC |
| Caleb Tan | PRP Law LLC |
| Kenneth Yap | Withers KhattarWong LLP |
4. Facts
- Plaintiff invested money in Group Lease Public Company Limited in Thailand.
- Plaintiff initiated legal action against the defendants and Group Lease Public Company Limited in various jurisdictions.
- The plaintiff is suing the defendants for conspiracy to defraud.
- The third defendant was allegedly acquired by the plaintiff.
- The third defendant is allegedly acting against the interests of its co-defendants.
- Kuga claims to be the beneficial owner of the third defendant.
5. Formal Citations
- JTrust Asia Pte Ltd v Group Lease Holdings Pte Ltd and others, HC/Suit No 1212 of 2017, [2019] SGHC 21
6. Timeline
| Date | Event |
|---|---|
| HC/Suit No 1212 of 2017 filed | |
| HC/Summons No 5340 of 2018 filed | |
| Third defendant allegedly acquired by the plaintiff | |
| Third defendant allegedly acquired by the plaintiff | |
| Hearing date | |
| Judgment reserved |
7. Legal Issues
- Abuse of Process
- Outcome: The court found that the evidence did not satisfy the threshold for contumelious conduct at this stage and dismissed the application to strike out.
- Category: Procedural
- Sub-Issues:
- Denial of fair trial
- Contumelious conduct
8. Remedies Sought
- Striking out of action
9. Cause of Actions
- Conspiracy to Defraud
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| ANB v ANC | High Court | Yes | [2015] 5 SLR 522 | Singapore | Cited in support of the argument that the plaintiff and the third defendant had acted contumeliously. |
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
- Striking out
- Abuse of process
- Conspiracy to defraud
- Beneficial owner
- Contumelious conduct
15.2 Keywords
- striking out
- conspiracy
- fraud
- civil procedure
- singapore
16. Subjects
- Civil Litigation
- Abuse of Process
17. Areas of Law
- Civil Procedure
- Conspiracy Law