ILC Co Ltd v Saitama Hiroshi: Application for Leave to Commence Committal Proceedings for Breach of Mareva Injunction
ILC Co, Ltd applied for leave to commence committal proceedings against Saitama Hiroshi, Hora Yohei, Asia Capital Management Pte Ltd, and Oshima Yumiko for breaching a Mareva injunction. The High Court of Singapore, General Division, granted leave against all respondents, finding sufficient grounds to proceed given the respondents' connection and potential asset dissipation concerns. The court dispensed with personal service for the 1st and 2nd respondents.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Leave granted to commence committal proceedings against all respondents.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The court considered an application for leave to commence committal proceedings for breach of a Mareva injunction, focusing on asset disclosure requirements.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| ILC Co, Ltd | Applicant | Corporation | Leave to commence committal proceedings granted | Won | |
| Saitama Hiroshi | Respondent | Individual | Leave to commence committal proceedings granted | Lost | |
| Hora Yohei | Respondent | Individual | Leave to commence committal proceedings granted | Lost | |
| Asia Capital Management Pte Ltd | Respondent | Corporation | Leave to commence committal proceedings granted | Lost | |
| Oshima Yumiko | Respondent | Individual | Leave to commence committal proceedings granted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
4. Facts
- Applicant has a pending civil claim against the respondents.
- A Mareva injunction was obtained to prevent the respondents from dissipating their assets.
- The 3rd and 4th respondents set aside the claimed sum in a separate bank account.
- The 3rd and 4th respondents did not file an affidavit disclosing their assets.
- Service of the Mareva order on the 1st and 2nd respondents was pending.
5. Formal Citations
- ILC Co, Ltd v Saitama Hiroshi and others, Originating Application No 652 of 2023, [2023] SGHC 206
6. Timeline
| Date | Event |
|---|---|
| Applicant obtained a Mareva injunction | |
| Judgment reserved | |
| Judgment issued |
7. Legal Issues
- Breach of Mareva Injunction
- Outcome: Leave granted to commence committal proceedings.
- Category: Substantive
- Sub-Issues:
- Non-disclosure of assets
- Dissipation of assets
- Related Cases:
- [2019] 3 SLR 836
- Leave to Commence Committal Proceedings
- Outcome: Leave granted.
- Category: Procedural
- Related Cases:
- [2014] 1 SLR 1140
- [2016] 3 SLR 1
8. Remedies Sought
- Committal Proceedings
9. Cause of Actions
- Contempt of Court
10. Practice Areas
- Commercial Litigation
- Injunctions
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Sea Trucks Offshore Ltd and others v Roomans. Jacobus Johannes and others | High Court | Yes | [2019] 3 SLR 836 | Singapore | Cited regarding the general rule of disclosure of all assets in Mareva injunction cases. |
| BMP v BMQ | High Court | Yes | [2014] 1 SLR 1140 | Singapore | Cited for the principle that the court should not rubber-stamp an application for leave to apply for an order of committal. |
| Mok Kah Hong v Zheng Zhuang Yao | High Court | Yes | [2016] 3 SLR 1 | Singapore | Cited for the principle that at the leave stage, all that is necessary to obtain leave is for the applicant to establish a prima facie case of contempt. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| O 7 r 1(2) of the Rules of Court 2021 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Mareva injunction
- Committal proceedings
- Disclosure of assets
- Dissipation of assets
- Leave of court
15.2 Keywords
- Mareva injunction
- committal proceedings
- asset disclosure
- Singapore High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Mareva Injunctions | 95 |
| Committal Proceedings | 90 |
| Civil Procedure | 80 |
| Injunctions | 75 |
| Contempt of Court | 60 |
16. Subjects
- Civil Procedure
- Injunctions
- Contempt of Court