Oh Bernard v Six Capital Investments Ltd: Joinder of Parties and Amendment of Pleadings in Investment Fraud Claim

In Oh Bernard v Six Capital Investments Ltd, the High Court of Singapore heard an appeal regarding the plaintiff's application to join five additional parties as defendants and amend his statement of claim in a case concerning alleged investment fraud. The plaintiff claimed he lost US$500,000 through investments managed by Six Capital Investments Limited. The court allowed the appeal, permitting the joinder and amendment, but directed the plaintiff to file a clearer amended statement of claim.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Appeal allowed.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Plaintiff sues Six Capital Investments for investment fraud and seeks to add five parties. The court allows joinder and amendment, directing a clearer statement of claim.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Oh BernardPlaintiffIndividualAppeal allowedWon
Six Capital Investments Limited (in liquidation in the British Virgin Islands)DefendantCorporationUnknownNeutral
Teng Chee WaiDefendantIndividualUnknownNeutral
Gan Shi YingDefendantIndividualAction discontinuedDismissed

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Glenda LimMoey & Yuen
Michael Moey Chin WoonMoey & Yuen
Prem K GurbaniMoey & Yuen
Joan Tee Li MinSim Chong LLC

4. Facts

  1. The plaintiff invested US$500,000 in a foreign exchange trading software.
  2. The plaintiff claims Six Capital Investments Limited was meant to trade his money.
  3. Six Capital Investments Limited is now in liquidation.
  4. The plaintiff discontinued the action against Gan Shi Ying, who allegedly made false representations.
  5. The plaintiff seeks to join five other individuals as defendants.
  6. The liquidators' report mentioned debts owed to Six Capital Investments Limited by some intended parties.
  7. The intended parties were alleged to be directors of companies financed by Six Capital Investments Limited.

5. Formal Citations

  1. Oh BernardvSix Capital Investments Ltd (in liquidation) and others, Suit No 754 of 2018, [2020] SGHC 42

6. Timeline

DateEvent
Suit filed (Suit No 754 of 2018)
Registrar’s Appeal filed (Registrar’s Appeal No 370 of 2019)
Judgment reserved
Judgment issued

7. Legal Issues

  1. Joinder of Parties
    • Outcome: The court allowed the plaintiff's appeal to join the five intended parties as defendants.
    • Category: Procedural
  2. Amendment of Pleadings
    • Outcome: The court allowed the plaintiff's appeal to amend the writ and statement of claim, but directed the plaintiff to file a new amended statement of claim.
    • Category: Procedural

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Unlawful Means Conspiracy
  • Misrepresentation

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Finance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Singapore Civil Procedure 2020, vol 1N/AYesSingapore Civil Procedure 2020, vol 1 (Chua Lee Ming gen ed) (Sweet & Maxwell, 10th Ed, 2020)SingaporeCited to explain the purposes of Order 15, r 4(1) and Order 15, r 6(2)(b) of the Rules of Court.

13. Applicable Rules

Rule Name
Order 15, r 6(2)(b) of the Rules of Court
Order 15, r 4(1) of the Rules of Court
Order 20, r 5(1) of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R 5, 2014 Rev Ed)Singapore
Misrepresentation ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Joinder
  • Amendment of Pleadings
  • Liquidation
  • Investment Fraud
  • Unlawful Means Conspiracy
  • Misrepresentation

15.2 Keywords

  • joinder of parties
  • amendment of pleadings
  • investment fraud
  • conspiracy
  • misrepresentation
  • singapore
  • high court

17. Areas of Law

Area NameRelevance Score
Civil Practice75
Misrepresentation60
Unlawful means conspiracy50
Contract Law40
Litigation30
Corporate Law25
Criminal Law15

16. Subjects

  • Civil Procedure
  • Investment Fraud
  • Conspiracy
  • Misrepresentation