The Resolution and Collection Corp v Tsuneji Kawabe: Discovery of Documents in Estate Asset Dispute

In The Resolution and Collection Corporation v Tsuneji Kawabe, the High Court of Singapore heard an appeal regarding the discovery of documents. The plaintiff, The Resolution and Collection Corporation, sought to enforce Japanese judgments against the estate of the deceased Tsuneji Kawabe, specifically targeting assets allegedly held by his daughter, Michiyo Kawabe, and her companies. The court, presided over by Choo Han Teck J, allowed the appeal in part, modifying the scope of the discovery order to balance the plaintiff's need for information with the defendants' right to privacy.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Appeal allowed in part.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Judgment regarding discovery of documents in a case involving enforcement of Japanese judgments against the estate of Tsuneji Kawabe. The court partially allowed the appeal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Tsuneji KawabeDefendantIndividual
Kawabe Bussan Co LtdDefendantCorporation
Yoshiko KawabeDefendantIndividual
Michiyo KawabeDefendant, AppellantIndividualAppeal allowed in partPartial
Natamon ProtpakornDefendantIndividual
D-well Pte LtdDefendantCorporation
Cloud Bliss LimitedDefendant, AppellantCorporationAppeal allowed in partPartial
The Resolution and Collection CorporationPlaintiffCorporationAppeal allowed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Ng Yuen SiangEugene Thuraisingam LLP
Shem Khoo Ching ShinFocus Law Asia LLC
Veronica Teo Jia HuiFocus Law Asia LLC
Edward N. OngFocus Law Asia LLC
Joey Tan Zu ErFocus Law Asia LLC
Lakshmanan s/o AnbarazanJoyce A. Tan & Partners LLC
Daniel Lim Ying SinJoyce A. Tan & Partners LLC

4. Facts

  1. The plaintiff obtained judgments in Japan against the first defendant and his company in 2001.
  2. The plaintiff wants to enforce the judgments against the third defendant, the first defendant’s widow.
  3. The plaintiff is also pursuing the action against the fourth defendant, the daughter of the first and third defendants.
  4. The plaintiff claims ¥17,483,893,290 (approximately S$157,000,000) under the Japanese judgments.
  5. The sixth defendant disclosed that it has assets worth S$23m.
  6. The plaintiff filed SUM 2022 of 2023 for discovery of various categories of documents.
  7. The assistant registrar allowed 15 categories and dismissed some others.

5. Formal Citations

  1. The Resolution and Collection Corp v Tsuneji Kawabe and others, Suit No 716 of 2021, [2024] SGHC 63

6. Timeline

DateEvent
Japanese Judgments obtained by the plaintiff against the first and second defendants.
Sixth defendant incorporated in Singapore.
Seventh defendant incorporated in the British Virgin Islands.
SUM 2022 filed for discovery of documents.
Registrar's Appeal No 211 of 2023 filed.
Summons No 179 of 2024 filed for leave to admit further affidavit.
Judgment reserved.
Judgment delivered.

7. Legal Issues

  1. Specific discovery of documents
    • Outcome: The court partially allowed the appeal against the discovery order, modifying its scope.
    • Category: Procedural

8. Remedies Sought

  1. Discovery of documents

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Order 24 r 5(1) of the Rules of CourtSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Discovery
  • Mareva injunction
  • Japanese Judgments
  • Tracing of assets

15.2 Keywords

  • Discovery of documents
  • Civil Procedure
  • Singapore High Court
  • Japanese Judgments
  • Estate Assets

17. Areas of Law

Area NameRelevance Score
Discovery of documents95
Enforcement of Foreign Judgments80
Judgments and Orders70
Civil Practice60

16. Subjects

  • Civil Procedure
  • Discovery