Kiri Industries v Senda International: Service Out of Jurisdiction & Treaty on Judicial Assistance

In Kiri Industries Ltd v Senda International Capital Ltd, the Singapore International Commercial Court addressed Kiri Industries' application to vary an order setting aside the service out order concerning Mr. Ruan, a former director of Senda. The court dismissed the application, finding no reason why the ground for setting aside the service out order for Ms. Fan (use of judicial assistance under the Treaty) did not equally apply to Mr. Ruan. The primary legal issue revolved around the applicability of the Treaty on Judicial Assistance in Civil and Commercial Matters between the People’s Republic of China and the Republic of Singapore concluded in 1999.

1. Case Overview

1.1 Court

Singapore International Commercial Court

1.2 Outcome

Application dismissed, whereby the Ruan set aside order is unconditional.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court dismisses Kiri Industries' application to vary order on service out of jurisdiction, affirming the use of judicial assistance treaty.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
DyStar Global Holdings (Singapore) Pte LtdDefendantCorporationNo specific outcome recordedNeutral
Kiri Industries LtdPlaintiffCorporationApplication dismissedLost
Senda International Capital LtdDefendantCorporationSuccessful in resisting applicationWon

3. Judges

Judge NameTitleDelivered Judgment
Roger GilesInternational JudgeYes

4. Counsels

Counsel NameOrganization
Wong Pei TingAllen & Gledhill LLP
Prabu Devaraj s/o RamanAllen & Gledhill LLP
Soh Yu Xian PriscillaRajah & Tann Singapore LLP
Lim Wee Teck DarrenRajah & Tann Singapore LLP

4. Facts

  1. Kiri sought examination of Ms. Fan and Mr. Ruan regarding Senda's means to satisfy costs orders.
  2. An order allowed serving the EJD order on Senda, Ms. Fan, and Mr. Ruan outside the jurisdiction.
  3. Ms. Fan and Mr. Ruan are Chinese nationals residing in China.
  4. Senda and Ms. Fan applied to set aside the EJD order and the service out order.
  5. The court declined to set aside the EJD order or the service out order for Senda.
  6. The service out order was set aside for Ms. Fan.
  7. The service out order was set aside for Mr. Ruan, subject to application to vary or discharge.

5. Formal Citations

  1. Kiri Industries Ltd v Senda International Capital Ltd and another(Fan Jing, non-party), , [2024] SGHC(I) 15

6. Timeline

DateEvent
Suit filed (Suit No 4 of 2017)
Summons filed (Summons No 59 of 2023)
Judgment delivered in Kiri Industries Ltd v Senda International Capital Ltd [2024] SGHC(I) 7
Kiri Industries Ltd wrote to the Registry
Registry advised Kiri Industries Ltd regarding further arguments
Kiri Industries Ltd advised on arguments to vary or discharge order
Kiri Industries Ltd provided further submissions
Senda provided submissions as contradictor
Oral hearing took place
Judgment reserved

7. Legal Issues

  1. Service out of jurisdiction
    • Outcome: The court upheld the order setting aside the service out order so far as it concerned Mr. Ruan.
    • Category: Procedural
  2. Examination of judgment debtor
    • Outcome: The court's decision impacts the process for examining the judgment debtor's means.
    • Category: Procedural
  3. Applicability of Treaty on Judicial Assistance
    • Outcome: The court considered whether the alternative process of taking evidence by judicial assistance under the Treaty should be followed.
    • Category: Procedural

8. Remedies Sought

  1. No remedies sought

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Commercial Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Kiri Industries Ltd v Senda International Capital LtdSingapore International Commercial CourtYes[2024] SGHC(I) 7SingaporeThe judgment in this case is the basis for the current application.
R. D. Harbottle (Mercantile) Ltd v National Westminster Bank LtdQueen's Bench DivisionYes[1978] QB 146England and WalesCited in relation to the discharge of an injunction.
Gorbachev v GurievKing's Bench DivisionYes[2023] KB 1England and WalesThe court declined to set aside an order giving permission to serve on Cypriot companies an order for third party disclosure against a firm of English solicitors in relation to documents held by the firm on behalf of the companies, in the exercise of the discretion inter alia because the documents were within England and Wales.

13. Applicable Rules

Rule Name
Rules of Court (2014 Rev Ed) (“the ROC”)

14. Applicable Statutes

Statute NameJurisdiction
Supreme Court of Judicature Act 1969 (2020 Rev Ed) (“the SCJA”)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Service out of jurisdiction
  • Examination of judgment debtor
  • Treaty on Judicial Assistance
  • EJD order
  • Ruan set aside order

15.2 Keywords

  • service out of jurisdiction
  • examination of judgment debtor
  • Singapore International Commercial Court
  • judicial assistance treaty

17. Areas of Law

Area NameRelevance Score
Service of document out of jurisdiction80
Civil Practice75
Judgments and Orders75
Examination of judgment debtor70
Civil Litigation70
Jurisdiction60
International Arbitration50

16. Subjects

  • Civil Procedure
  • International Law