DBS Bank Ltd v Yamazaki Mazak Singapore Pte Ltd and Another

DBS Bank Ltd v Yamazaki Mazak Singapore Pte Ltd and Another

The court held that the 2nd defendant's criminal conviction was admissible under s 45A EA and the appellant had not shown any credible basis to rebut the presumption or to raise a fair defence or triable issue on the same matters already rejected in the criminal proceedings; accordingly summary judgment against the 2nd defendant was appropriate. Conversely, the 1st defendant was entitled to unconditional leave to defend because whether the 2nd defendant acted within the scope of his authority (and thus whether the 1st defendant is vicariously liable) is a triable issue. Amendments to the Defence sought after summary judgment were refused as afterthoughts and untenable.

Citation
[2008] SGHC 181
Parties
Plaintiff: DBS Bank Ltd; First Defendant: Yamazaki Mazak Singapore Pte Ltd; Second Defendant: Hwa Lai Heng Ricky
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
21 October 2008
Case Number
Suit 511/2007, RA 105/2008, 110/2008, 170/2008
Procedural Posture
Registrar's Appeals (summary Judgment) / High Court Decision on Appeals From Assistant/senior Assistant Registrars, Summary Judgment Stage
Outcome
All three registrar's appeals dismissed. Summary judgment against the 2nd defendant affirmed with variation; 1st defendant granted unconditional leave to defend; application to amend Defence dismissed.
Legal Topics
Summary Judgment Under O 14, Admissibility and Effect of Criminal Convictions (s 45 a Evidence Act), Tort of Deceit, Apparent Authority, Amendment of Defence Post Summary Judgment, Vicarious Liability
Source Language
English
Civil Procedure Evidence Tort (deceit) Agency and Vicarious Liability Criminal Law (use of Conviction in Civil Proceedings) Summary Judgment Under O 14 Admissibility and Effect of Criminal Convictions (s 45 a Evidence Act) Tort of Deceit +3 more

Case Brief

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Parties

DBS Bank Ltd

Plaintiff

Yamazaki Mazak Singapore Pte Ltd

First Defendant

Hwa Lai Heng Ricky

Second Defendant

Procedural Posture

Registrar's Appeals (summary Judgment) / High Court Decision on Appeals From Assistant/senior Assistant Registrars, Summary Judgment Stage

Legal Issues

  1. 1 Whether the 2nd defendant's prior criminal conviction admissible and, if so, whether it gave rise to a presumption under s 45A that he committed the acts and had the requisite state of mind for deceit in the civil claim
  2. 2 Whether the 2nd defendant raised a triable issue or fair defence sufficient to resist summary judgment under O 14
  3. 3 Whether the 1st defendant was vicariously liable for the 2nd defendant's misrepresentation or whether apparent/actual authority was a triable issue

Ratio Decidendi

The court held that the 2nd defendant's criminal conviction was admissible under s 45A EA and the appellant had not shown any credible basis to rebut the presumption or to raise a fair defence or triable issue on the same matters already rejected in the criminal proceedings; accordingly summary judgment against the 2nd defendant was appropriate. Conversely, the 1st defendant was entitled to unconditional leave to defend because whether the 2nd defendant acted within the scope of his authority (and thus whether the 1st defendant is vicariously liable) is a triable issue. Amendments to the Defence sought after summary judgment were refused as afterthoughts and untenable.

Court Disposition

All three registrar's appeals dismissed. Summary judgment against the 2nd defendant affirmed with variation; 1st defendant granted unconditional leave to defend; application to amend Defence dismissed.

Orders

  • Judgment against the 2nd defendant affirmed but reduced from $1.94m by the net sales proceeds of the 26 recovered machines (sale proceeds less necessary sale expenses)
  • Interest ordered at 5.33% per annum on $1.94m from date of disbursement of the loan until date of sale of the 26 machines and thereafter on the net amount after deduction of net sales proceeds