04 October 2016 - Feature
Ong Han Ling and another v American International Assurance Company Ltd and others  SGHC 327 (Ongoing): Conducted a lengthy trial against a leading insurance company on behalf of two individuals claiming damages in respect of a non-existent insurance policy with a premium of USD 5 million purchased by them as a result of the fraud of an insurance agent. The case involved complex issues of fact and law. The plaintiffs made claims based on, inter alia, vicarious liability for the agent’s fraud. The insurance company lodged a counterclaim for conspiracy alleging complicity of the individuals in the agent’s fraud. This counterclaim was roundly dismissed. The Court reviewed the law, ruled that the insurer was vicariously liable for the agent’s fraud and awarded substantial damages.
CA 1 of 2017 and CA 189 of 2016: Acted as counsel on behalf of a BVI company and an individual in cross-appeals from a decision of the Singapore International Commercial Court relating to a S$ 150 million claim pertaining to the disposal of shares allegedly intended to be used as collateral. The case involved novel and complex issues relating to the loan agreements and examined the disposal of the shares and the share prices. The issue whether parties to an international joint venture agreement should be treated as dealing on an arm’s length basis or owe fiduciary duties to each other was considered. The decision of the Court of Appeal is pending.
High Court Suit 2017: Acted as counsel on behalf of a Singapore company and its directors in a dispute with two other companies in relation to breaches of confidentiality and fiduciary duties. This dispute involved an Anton pillar order (or search order) being carried out at the residential premises of the directors and the business premises of the company and was settled in mediation at the Singapore Mediation Centre.
Yeo Henry v Yeo Charles and others  SGHC 220: Acted as counsel on behalf of a beneficiary of a will in relation to a substantial estate and successfully obtained an order upholding the will on the basis that the executor had testamentary capacity, despite suffering from depression.
TMT Asia Ltd v BHP Billiton Marketing AG and another  SGHC 21: Acted as counsel in the High Court in disputes relating to market manipulation (in the market for iron ore) through freight forwarding agreements, and involving violations under the Securities and Futures Act (Cap. 289). Successfully resisted a striking- off application.
Murakami Takako v Astoeti Gunanto (HC Suit No. 679 of 2014): Acted as counsel on behalf of an executrix of an estate and successfully obtained a Mareva injunction over assets in Singapore on the basis of a claim for the return of sales proceeds by a solicitor acting for the estate.
Lim Meng Suang and another v Attorney-General  SGCA 53: Acted as counsel in an appeal involving constitutional issues of public importance, namely, whether section 377A of the Penal Code infringes the constitutional rights to equality, life and liberty.
Aliev Firoudin v Kon Yin Tong and another  SGHC 128: Acted as counsel in the High Court and the Court of Appeal on behalf of a former employee of a company in liquidation to challenge the rejection of his proof of debt which claimed, inter alia, unpaid salaries.
World Sport Group Pte Ltd v Dorsey James Michael  SGHC 78 /  SGCA 4: Acted as counsel in the High Court and the Court of Appeal on behalf of a leading sports marketing, media and event management company in a claim for pre-action discovery relating to potential claims for defamation and breach of confidentiality.
Wee Chiaw Sek Anna v Ng Li-Ann Genevieve (sole executrix of the estate of Ng Hock Seng deceased) and another  SGHC 197/  SGCA 36: Acted as counsel in the High Court and the Court of Appeal on behalf of an executrix of an estate and successfully resisted a claim for the setting aside of various trusts over matrimonial property on the grounds of fraudulent misrepresentation, unjust enrichment and constructive trust.
Wee Siew Bock and another v Chan Yuen Yee  SGHC 261 /  SGCA 33: Acted as counsel in the High Court and the Court of Appeal in a dispute between owners of landed property relating to an easement. The case involved the issues of whether the easement had been abandoned and whether there had been substantial interference with it.
Suit No. 324 of 2013: Acted as counsel on behalf of a vendor of JTC land in a dispute relating to sale and purchase. Successfully obtained the removal of a Caveat over the land that had been registered by the purchaser.
AQT v AQU  SGHC 138: Acted as counsel on behalf of the husband in a dispute over matrimonial property.
ABB Holdings Pte Ltd & others v Sher Hock Guan Charles  SGHC 157: Acted as counsel in High Court proceedings on behalf of a former employee of a company within a multinational group that specialised in power and automation technologies. The claims were based on breach of fiduciary duty, confidentiality and breach of copyright.
Peter Roger May v Pinder Lillian Gek Lian  SGHC 90: Acted as counsel in a matter concerning the estate of a testator with substantial properties in various jurisdictions, involving disputes as to domicile and forum non conveniens.
Dynamic Investments Pte Ltd v Lee Chee Kian Silas and others  SGHC 216: Acted as counsel in the High Court and the Court of Appeal to successfully resist the objections of a minority owner to the en-bloc sale of Holland Hills Mansions.
Suit No. 629 of 2009: Acted as counsel on behalf of the beneficial owner of shares in a group of companies against the companies and their directors. Successfully obtained an Anton Pillar order.
Suit No. 225 of 2006: Acted as counsel on behalf of a defendant with respect to a claim exceeding €40 million based on corporate fraud and successfully obtained a stay pending the resolution of similar proceedings in English Courts.
Suit No. 179 of 2006: Acted as counsel on behalf of a professional in a claim relating to disputes arising out of a partnership deed and employment agreement, including a dispute concerning restrictive covenants.
Suit No. 614 of 2005: Acted as counsel in an appeal from a decision of Belinda Ang J involving losses arising out of the flooding and contamination of a fish farm as a result of drainage works undertaken on the adjacent plot to the ponds.
SIAC Arbitration (Details Confidential: Completed in 2017): Acted as counsel on behalf of a Seychelles company and a Singapore company in a dispute with a Singapore company pertaining to coal from an Indonesian mine.
SIAC Arbitration (Details Confidential: Hearing completed in 2017): Acting on behalf of a Vietnamese company in a dispute regarding its takeover of an important dealership in Vietnam. The previous dealer claimed damages for breach of a Non-Confidentiality and Non-Circumvention Agreement which contained draconian restrictive covenants. The hearing and submissions have been completed and the decision of the tribunal is pending.
SIAC Arbitration (Details Confidential: Completed in 2017): Acted as counsel on behalf of a BVI company in a dispute with a Dubai-based company pertaining to coal from an Indonesian mine.
SIAC Arbitration (Details Confidential: Completed in 2015): Conducted an arbitration in Singapore under the SIAC rules, on behalf of a major regional education provider against an international equity firm in respect of a multi-million dollar investment by the latter and on grounds of fraud and conspiracy.
ICC Arbitration (Details Confidential: Completed in 2013): Conducted an arbitration in Singapore under the ICC Rules on behalf of a foreign bank with respect to claims arising out of a software contract.
SIAC Arbitration (Details Confidential: Completed in 2010): Conducted an arbitration in Singapore under the SIAC Rules on behalf of a foreign bank with respect to claims arising out of a software contract, including a claim against former employees for conspiracy.
ICC Arbitration (Details Confidential: Completed in 2008): Conducted an arbitration in Hague on behalf of a US corporation in a dispute with an Indonesian entity relating to a distributorship agreement.
Advised various multi-national corporations and individuals on employment matters, including reviewing, drafting and advising on terms of employment, compliance with statutory obligations, non-competition and confidentiality clauses and agreements, severance agreements, and advising on the employee’s duties of fidelity, confidentiality, post-employment restrictions and other issues.
Author, "A Guide to the Termination of Employment in Singapore", 1st Ed (2003), LexisNexis (SG)
Author, "A Guide to the Termination of Employment in Singapore", 2nd Ed (2008), LexisNexis (SG)
Contributor, "Employment and Labour Law - International Series" 4th Ed (2012), Sweet & Maxwell
Contributor, "Employment and Labour Law - International Series" 6th Ed (2015), Sweet & Maxwell
Contributor, "Singapore Precedents of Pleadings" (Reissue Edition 2010), Sweet & Maxwell (Asia)
Contributor, "Civil Litigation in Singapore" (2016), Sweet & Maxwell Asia (2016)
Contributor, "Bullen and Leake and Jacob’s Singapore Precedents of Pleadings" (2016), Sweet & Maxwell (Asia)
Principal Mediator of the Singapore Mediation Centre
Singapore Academy of Law Lecture
Committee of the Asean Law Association
International Bar Association
Military Court of Appeal
Sits on the Executive Board of the Ju Eng Nursing Home for Senior Citizens
Vice Commodore of the Changi Sailing Club
Referee under the Industrial Relations Act
‘My Property and the property of others: Acquiring and disposing ownership of land (including HDB flats) and acquiring and defending other property rights’, Grassroots Club on Me - 16 March 2013, lecturer