Red Star Marine Consultants Pte Ltd v Personal Representatives of the Estate of Satwant Kaur: Fraud and Misrepresentation Claim

Red Star Marine Consultants Pte Ltd sued the personal representatives of the estate of Satwant Kaur d/o Sardara Singh (deceased) and Manjit Kaur d/o Sardara Singh in the High Court of Singapore, alleging that the deceased fraudulently obtained $1,633,875.20 between 2005 and 2012. The plaintiff claimed the deceased, who was the personal secretary of the plaintiff's managing director, encashed or deposited cash cheques into her account, misleading the managing director. The court, presided over by Justice Woo Bih Li, dismissed the plaintiff's claim, finding the managing director's testimony not credible and concluding that he consented to the deceased taking the money.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiff's claim dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Red Star Marine Consultants sued the estate of Satwant Kaur and her sister for fraudulent misappropriation of funds. The court dismissed the claim, finding the plaintiff's managing director not to be a truthful witness.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Red Star Marine Consultants Pte LtdPlaintiffCorporationClaim DismissedLost
Manjit Kaur d/o Sardara SinghDefendantIndividualClaim DismissedWon
The Personal Representatives of the Estate of Satwant Kaur d/o Sardara Singh (deceased)DefendantOtherClaim DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Mahmood Gaznavi s/o Bashir MuhammadMahmood Gaznavi & Partners
Lye May-Yee JaimeFullerton Law Chambers LLC
Lim Tahn Lin AlfredFullerton Law Chambers LLC
Satwant Singh s/o Sarban SinghSatwant & Associates

4. Facts

  1. The plaintiff claimed the Deceased fraudulently obtained $1,741,812.03 between 2005 and 2012.
  2. The Deceased was the personal secretary of the plaintiff's managing director, DS.
  3. DS and the Deceased were the only employees of the plaintiff.
  4. The Deceased allegedly misled DS into signing cash cheques for payments to third-party service providers.
  5. The fraud was discovered after the plaintiff moved its office on or about 29 August 2012.
  6. The Deceased admitted to receiving various sums of money from the plaintiff but claimed it was with DS's consent.
  7. The Deceased was eventually charged with criminal breach of trust but was granted a discharge not amounting to an acquittal.

5. Formal Citations

  1. Red Star Marine Consultants Pte Ltd v Personal Representatives of the Estate of Satwant Kaur d/o Sardara Singh, deceased and another, Suit No 601 of 2016, [2019] SGHC 22

6. Timeline

DateEvent
Deceased began fraudulently obtaining sums of money.
Plaintiff moved its office.
Incriminating documents discovered against the Deceased.
Kathelene attempted to gain entry into the new office but the locks had been changed.
The Deceased made a police report and sent her letter of resignation.
DS made a police report of the Deceased’s fraudulent activities.
Eight amended charges were issued against the Deceased.
The Deceased was granted a discharge not amounting to an acquittal.
The Deceased died from cancer.
Plaintiff filed the present action.
Plaintiff obtained a Mareva injunction against D1.
Judgment reserved.
Judgment issued.

7. Legal Issues

  1. Fraud
    • Outcome: The court found that the plaintiff's managing director consented to the money being taken by the deceased, therefore no fraud was established.
    • Category: Substantive
  2. Misrepresentation
    • Outcome: The court did not make a specific finding on misrepresentation, but the claim was dismissed.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Fraud
  • Misrepresentation

10. Practice Areas

  • Litigation

11. Industries

  • Marine Consultancy

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Fraud
  • Misrepresentation
  • Cash Cheques
  • Personal Secretary
  • Criminal Breach of Trust
  • Discharge Not Amounting to an Acquittal
  • Mareva Injunction

15.2 Keywords

  • Fraud
  • Misrepresentation
  • Marine Consultancy
  • Singapore High Court
  • Tort

17. Areas of Law

Area NameRelevance Score
Misrepresentation75
Fraud and Deceit75
Torts25

16. Subjects

  • Tort Law
  • Fraud
  • Misrepresentation