The Resolution and Collection Corp v Tsuneji Kawabe: Specific Discovery Dispute
The Resolution and Collection Corporation, a Japanese company, sued Tsuneji Kawabe and others in the General Division of the High Court of Singapore, seeking specific discovery of documents to trace misappropriated assets. Choo Han Teck J ordered the Specified Defendants to produce unredacted versions of previously requested documents, criticizing their redaction practices as a cynical disregard of court orders. The court ordered costs in favour of the plaintiff. The application for the remaining categories of documents was dismissed.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Order for Specified Defendants to produce unredacted version of the Required Documents within five days. Costs thrown away in favour of the plaintiff.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Plaintiff seeks specific discovery of documents to trace misappropriated assets. The court orders defendants to produce unredacted documents, criticizing their redaction practices.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The Resolution and Collection Corporation (formerly known as Housing Loan Administration Corporation) | Plaintiff | Corporation | Order for production of unredacted documents | Partial | |
| Tsuneji Kawabe | Defendant | Individual | No specific outcome | Neutral | |
| Kawabe Bussan Co Ltd | Defendant | Corporation | No specific outcome | Neutral | |
| Yoshiko Kawabe | Defendant | Individual | Order for production of unredacted documents | Partial | |
| Michiyo Kawabe | Defendant | Individual | No specific outcome | Neutral | |
| Natamon Protpakorn | Defendant | Individual | No specific outcome | Neutral | |
| D-well Pte Ltd | Defendant | Corporation | Order for production of unredacted documents | Partial | |
| Cloud Bliss Limited | Defendant | Corporation | Order for production of unredacted documents | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
4. Facts
- Plaintiff obtained judgments in Japan against the second defendant and the first defendant.
- The first defendant was the former representative director of the second defendant.
- The Japanese courts found the first defendant fraudulently misappropriated assets.
- The plaintiff alleges the misappropriated assets were distributed to other defendants.
- The plaintiff obtained an order for specific discovery, which was appealed.
- The Specified Defendants produced heavily redacted documents.
- The plaintiff sought an order to produce unredacted documents and remaining categories of documents.
5. Formal Citations
- The Resolution and Collection CorpvTsuneji Kawabe and others, Suit No 716 of 2021, [2024] SGHC 259
6. Timeline
| Date | Event |
|---|---|
| Suit filed (Suit No 716 of 2021) | |
| Specified Defendants stated redacted copies of documents would be ready | |
| Judgment reserved | |
| Judgment issued |
7. Legal Issues
- Specific Discovery
- Outcome: The court ordered the Specified Defendants to produce the unredacted version of the Required Documents, finding their redactions unacceptable.
- Category: Procedural
- Sub-Issues:
- Redaction of documents without leave of court
- Failure to provide meaningful disclosure
- Related Cases:
- [2024] SGHC 63
8. Remedies Sought
- Specific discovery of documents
- Production of unredacted documents
9. Cause of Actions
- Breach of fiduciary duties
- Tracing of assets
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| The Resolution and Collection Corp v Tsuneji Kawabe and others | High Court | Yes | [2024] SGHC 63 | Singapore | The current judgment refers to the Specific Discovery Appeal, clarifying the scope of the order for document production and the liberty to apply for further discovery. |
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
- Specific discovery
- Redaction
- Misappropriated assets
- Source Assets
- Required Documents
15.2 Keywords
- Specific discovery
- redaction
- misappropriation
- tracing assets
- civil procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Specific discovery | 90 |
| Discovery of documents | 80 |
| Civil Litigation | 75 |
| Fiduciary Duties | 60 |
| Fraud and Deceit | 55 |
| Commercial Disputes | 50 |
| Criminal Procedure | 30 |
16. Subjects
- Civil Procedure
- Discovery