Shankar’s Emporium Pte Ltd v Bhojwani: Trust Property Accounting & Corporate Document Disclosure
Shankar’s Emporium Pte Ltd, Malaya Silk Store Pte Ltd, and Liberty Merchandising Company Pte Ltd applied to the High Court of Singapore in OS 365/2020 to vary a prior order (ORC 50/2019) that required Jethanand Harkishindas Bhojwani, as trustee, to provide an account of trust property to Lakshmi Prataprai Bhojwani. The companies sought to prevent the order from compelling them to produce certain corporate documents. Tan Puay Boon JC dismissed the companies' application, finding that the prior orders did not compel the companies to produce the documents.
1. Case Overview
1.1 Court
High Court of the republic of singapore1.2 Outcome
Application dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Companies sought to vary an order compelling disclosure of corporate documents related to trust property. The court dismissed the application, finding no compulsion.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Jethanand Harkishindas Bhojwani | Defendant | Individual | Neutral | Neutral | |
| Malaya Silk Store Pte Ltd | Plaintiff | Corporation | Application dismissed | Lost | |
| Lakshmi Prataprai Bhojwani | Defendant | Individual | Resisted application successfully | Won | |
| Shankar’s Emporium Pte Ltd | Plaintiff | Corporation | Application dismissed | Lost | |
| Liberty Merchandising Company Pte Ltd | Plaintiff | Corporation | Application dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Puay Boon | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- The Husband is the trustee of a discretionary trust.
- The Wife was one of the beneficiaries of the trust.
- The Husband was ordered to give an account of the trust property to the Wife in HC/OS 1407/2017.
- The Companies are incorporated in Singapore and the Husband is a director of all three.
- Shares in the Companies are part of the subject matter of a trust established by the Testator’s Will.
- The Companies sought a variation of the Order in order to define the scope of the Order and the prior order in ORC 50/2019.
- The Companies sought to clarify that the Order and ORC 50/2019 did not have the effect of compelling the Companies to produce or disclose any of the Corporate Documents to the Husband and the Wife.
5. Formal Citations
- Shankar’s Emporium Pte Ltd and others v Jethanand Harkishindas Bhojwani and another, Originating Summons No 365 of 2020, [2020] SGHC 244
6. Timeline
| Date | Event |
|---|---|
| Court order HC/ORC 50/2019 issued, requiring the Husband to provide an account of the trust property. | |
| Court order HC/ORC 2356/2020 issued in HC/OS 1339/2019, specifying the period for the account. | |
| Companies filed OS 365/2020, seeking a variation of the Order. | |
| Hearing date. | |
| Judgment issued. |
7. Legal Issues
- Compelling production or disclosure of documents
- Outcome: The court found that the prior orders of court did not compel the Companies to produce and disclose the Corporate Documents.
- Category: Procedural
- Locus standi to seek variation of court order
- Outcome: The court found that the Companies did not have standing to pursue variation of the Order.
- Category: Procedural
8. Remedies Sought
- Variation of court order
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Jethanand Harkishindas Bhojwani v Lakshmi Prataprai Bhojwani (alias Mrs Lakshmi Jethanand Bhojwani) | High Court | Yes | [2020] SGHC 216 | Singapore | Cited for the detailed background of the dispute and the court's decision in OS 1339/2019. |
| Anwar Siraj and another v Teo Hee Lai Building Construction Pte Ltd | N/A | Yes | [2014] 1 SLR 52 | Singapore | Cited for the principle that the question of whether a non-party can be bound by the order of court depends on the construction of the order. |
| VisionHealthOne Corp Pte Ltd v HD Holdings Pte Ltd and others (Chan Wai Chuen and another, third parties) | High Court | Yes | [2010] 3 SLR 97 | Singapore | Cited for the principle that a party seeking a variation of a court order would have to show that it was “affected or aggrieved by the court order” and therefore had a “direct personal interest in seeking relief. |
| Microsoft Corp v SM Summit Holdings Ltd | High Court | Yes | [1999] 3 SLR(R) 1017 | Singapore | Cited for the principle that a party seeking a variation of a court order would have to show that it was “affected or aggrieved by the court order” and therefore had a “direct personal interest in seeking relief. |
| Wee Soon Kim Anthony v Law Society of Singapore | Court of Appeal | Yes | [2001] 2 SLR(R) 821 | Singapore | Cited for the principle that the essential touchstone for the court to exercise its inherent powers is really that of ‘need’. |
13. Applicable Rules
| Rule Name |
|---|
| Order 45 r 9(2) of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
| O 92 r 4 of the ROC |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
| s 199(3) of the Companies Act | Singapore |
| s 203(3) of the Companies Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Trust property
- Corporate documents
- Discretionary trust
- Beneficiary
- Originating summons
- Variation of order
- Locus standi
15.2 Keywords
- Trust
- Company
- Disclosure
- Documents
- Singapore
- Litigation
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Judgments and Orders | 80 |
| Civil Practice | 75 |
| Trust Law | 60 |
| Variation of Order | 60 |
| Corporate Law | 30 |
| Company Law | 30 |
16. Subjects
- Trusts
- Company Law
- Civil Procedure