KIRI INDUSTRIES LIMITED v SENDA INTERNATIONAL CAPITAL LIMITED & Anor [2024] SGHC(I) 7 (27 March 2024)

KIRI INDUSTRIES LIMITED v SENDA INTERNATIONAL CAPITAL LIMITED & Anor [2024] SGHC(I) 7 (27 March 2024)

The examination order was validly made under Singapore law, but leave to serve the order out of jurisdiction on Ms Fan was not justified due to lack of sufficiently close connection to the substantive claim. Compliance with Chinese law and the Treaty was not required for the making of the order, but relevant at the leave stage. Substituted service was improper as leave to serve out was set aside. Full and frank disclosure arguments did not warrant setting aside the orders.

Citation
[2024] SGHC(I) 7
Parties
Judgment Creditor/applicant: Kiri Industries Ltd; Judgment Debtor/respondent/applicant: Senda International Capital Ltd; Officer of Judgment Debtor/respondent/applicant: Fan Jing; Officer of Judgment Debtor/non Party: Ruan Weixiang
Jurisdiction
Singapore
Judgment Date
27 March 2024
Procedural Posture
Application to Set Aside Orders in Enforcement Proceedings / Post Judgment, Application to Set Aside Examination and Service Orders
Outcome
Application partially allowed.
Legal Topics
Examination of Judgment Debtor, Service Out of Jurisdiction, Substituted Service, Full and Frank Disclosure, International Comity, Contravention of Foreign Law
Civil Procedure Company Law International Judicial Assistance Examination of Judgment Debtor Service Out of Jurisdiction Substituted Service Full and Frank Disclosure International Comity +1 more

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Parties

Kiri Industries Ltd

Judgment Creditor/applicant

Senda International Capital Ltd

Judgment Debtor/respondent/applicant

Fan Jing

Officer of Judgment Debtor/respondent/applicant

Ruan Weixiang

Officer of Judgment Debtor/non Party

Procedural Posture

Application to Set Aside Orders in Enforcement Proceedings / Post Judgment, Application to Set Aside Examination and Service Orders

Legal Issues

  1. 1 Whether the examination order against foreign officers was validly made
  2. 2 Whether leave to serve the examination order out of jurisdiction should be granted
  3. 3 Whether substituted service was proper

Ratio Decidendi

The examination order was validly made under Singapore law, but leave to serve the order out of jurisdiction on Ms Fan was not justified due to lack of sufficiently close connection to the substantive claim. Compliance with Chinese law and the Treaty was not required for the making of the order, but relevant at the leave stage. Substituted service was improper as leave to serve out was set aside. Full and frank disclosure arguments did not warrant setting aside the orders.

Court Disposition

Application partially allowed.

Orders

  • Examination order stands.
  • Leave to serve examination order out of jurisdiction on Ms Fan set aside.