Marina Bay Sands Pte Ltd v Osuki Yohei: Bankruptcy Order Application & Statutory Demand Service
Marina Bay Sands Pte Ltd applied for a bankruptcy order against Osuki Yohei in the High Court of Singapore, based on a statutory demand. The court, presided over by Assistant Registrar Jonathan Ng Pang Ern, dismissed the application, holding that the statutory demand was not validly served because it was returned unclaimed, and the agreement between the parties did not cover such a situation. The defendant was absent and unrepresented.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Bankruptcy application dismissed.
1.3 Case Type
Bankruptcy
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Application by Marina Bay Sands for a bankruptcy order against Osuki Yohei was dismissed due to invalid service of the statutory demand.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| MARINA BAY SANDS PTE LTD | Plaintiff | Corporation | Application Dismissed | Dismissed | |
| OSUKI YOHEI | Defendant | Individual | Application Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Jonathan Ng Pang Ern | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Victor Choy | Drew & Napier LLC |
4. Facts
- Marina Bay Sands obtained a judgment against Osuki Yohei for $2,000,000 plus interest and costs.
- Marina Bay Sands issued a statutory demand for $2,030,598.65 based on the judgment.
- The statutory demand was mailed to Osuki Yohei's last known business address but was returned unclaimed.
- The credit agreement between the parties allowed service by ordinary post to the defendant's last known address.
- The bankruptcy application was also mailed to the defendant and returned unclaimed.
- The defendant was absent from both hearings.
5. Formal Citations
- Marina Bay Sands Pte Ltd v Osuki Yohei, Bankruptcy No 359 of 2019, [2019] SGHCR 07
6. Timeline
| Date | Event |
|---|---|
| Judgment obtained by Marina Bay Sands Pte Ltd against Osuki Yohei in default of appearance. | |
| Statutory demand issued by Marina Bay Sands Pte Ltd. | |
| Statutory demand mailed to Osuki Yohei's last known business address. | |
| Bankruptcy application commenced against Osuki Yohei. | |
| First hearing of the bankruptcy application. | |
| Second hearing of the bankruptcy application. | |
| Judgment reserved. |
7. Legal Issues
- Validity of Service of Statutory Demand
- Outcome: The court held that the statutory demand was not validly served because it was returned unclaimed and the agreement between the parties did not cover such a situation.
- Category: Procedural
- Sub-Issues:
- Deemed service
- Contractually-agreed modalities of service
- Substituted service
8. Remedies Sought
- Bankruptcy Order
9. Cause of Actions
- Debt
- Bankruptcy
10. Practice Areas
- Bankruptcy Litigation
- Commercial Litigation
11. Industries
- Hospitality
- Gambling
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Rasmachayana Sulistyo (alias Chang Whe Ming), ex parte The Hongkong and Shanghai Banking Corp Ltd and other appeals | High Court | Yes | [2005] 1 SLR(R) 483 | Singapore | Distinguished; cited regarding contractually agreed alternative modalities of service, but not directly applicable to the issue of a statutory demand returned unclaimed. |
| Oversea-Chinese Banking Corp Ltd v Measurex Corp Bhd | High Court | Yes | [2002] 2 SLR(R) 684 | Singapore | Distinguished; cited regarding service of a writ on a process agent, but not directly applicable to bankruptcy applications or statutory demands returned unclaimed. |
| Peter Low LLC v Higgins, Danial Patrick | High Court | Yes | [2017] SGHCR 18 | Singapore | Cited for the principle of ratio decidendi. |
| The Hongkong and Shanghai Banking Corp Ltd v Rasmachayana Sulistyo alias Chang Whe Ming | High Court | Yes | [2004] SGHC 87 | Singapore | Cited as the first instance decision of Rasmachayana Sulistyo. |
13. Applicable Rules
| Rule Name |
|---|
| Bankruptcy Rules (Cap 20, R 1, 2006 Rev Ed) r 96 |
| Bankruptcy Rules (Cap 20, R 1, 2006 Rev Ed) r 96(2) |
| Bankruptcy Rules (Cap 20, R 1, 2006 Rev Ed) r 96(3) |
| Bankruptcy Rules (Cap 20, R 1, 2006 Rev Ed) r 108(3)(d) |
| Bankruptcy Rules (Cap 20, R 1, 2006 Rev Ed) r 122(3) |
| Bankruptcy Rules (Cap 20, R 1, 2006 Rev Ed) r 127 |
| Bankruptcy Rules (Cap 20, R 1, 2006 Rev Ed) r 127(a) |
| Bankruptcy Rules (Cap 20, R 1, 2006 Rev Ed) r 127(c) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Bankruptcy Act (Cap 20, 2009 Rev Ed) s 62(a) | Singapore |
| Bankruptcy Act (Cap 20, 2009 Rev Ed) s 61(1)(c) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Statutory demand
- Bankruptcy order
- Service of process
- Deemed service
- Returned unclaimed
- Contractually-agreed modalities of service
15.2 Keywords
- Bankruptcy
- Statutory Demand
- Service
- Singapore
- High Court
- Insolvency
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Insolvency Law | 95 |
| Bankruptcy | 90 |
| Statutory Demand | 90 |
16. Subjects
- Bankruptcy
- Service of Statutory Demand