Deborah Barker, S.C.

Partner, WITHERS KHATTARWONG* | Singapore


Secretary Wendy Chia

Withers KhattarWong LLP is a Singapore law practice, affiliated with Withers LLP.

 

Track record

A major Singaporean communications services provider

Represented the Company and its Chief Executive Officer, who are co-defendants in an ongoing litigation commenced by an ex-employee of the Company in respect of alleged wrongful termination of employment, and alleged defamation by the Company's Chief Executive Officer. 

Fraud and conspiracy involving 4 jurisdictions

Represented 4 Cypriot companies in proceedings based on fraud and conspiracy commenced by the Singapore-based investment arm of a Japanese public listed company. 

Alleged wrongful termination and defamation

Represented the Company and its Chief Executive Officer, who are co-defendants in an ongoing litigation commenced by an ex-employee of the Company.

Fraudulent conspiracy

[2020] SGHC 29: JTrust Asia Pte Ltd v Group Lease Holdings Pte Ltd and others - Successfully defending 4 Cypriot companies against a claim of more than USD220 million based on fraudulent conspiracy. The Plaintiff made claims of multi-jurisdictional fraud involving large and established listed companies, complex commercial structures and international transactions. The Plaintiff alleged that there was fabrication of the financial records of a Thai public listed company, round tripping of funds, sham loans and related party transactions in several jurisdictions. The claim was dismissed and an appeal has been filed.

Evidence by video link

[2020] SGCA 5: Anil Singh Gurm vs J S Yeh & Co. and another - Successfully obtained leave in the Court of Appeal for a foreign witness to give evidence by video-link from Australia. The witness had a fear of being prosecuted for an offence under Singapore's Residential Property Act were he to come to Singapore. In a ground-breaking decision, the Court of Appeal held that this was not a bar to his giving evidence by video-link.

Professional negligence claim

HC/S 580/2016: ** Anil Singh Gurm vs J S Yeh & Co. and another - Acting for the Plaintiff in a claim for damages exceeding SGD 5 million based on professional negligence against an established law firm and its former solicitor. The claim is based on the failure to advise adequately or at all that a transaction pursuant to which the Plaintiff, a Singaporean, agreed to purchase and hold a landed property in Singapore on behalf of his cousin, an Australian, was unlawful and exposed the Plaintiff to imprisonment, a fine and a confiscation order for an amount equivalent to the whole sale proceeds.

Res judicata

CA 200 of 2019: ** TMT Asia Limited vs BHP Billiton Marketing AG and another - Argued in the Court of Appeal on 21 August 2019 on issues including res judicata, and whether the matter involves an important question of law in view of amendments to the Securities and Futures Act (Cap. 289)

Arbitral award resistance

[2018] SGHC 157: Sinolanka Hotels & Spa (Private) Limited v Interna Contract SpA - Acted on behalf of Interna Contract SpA and successfully resisted an application in the High Court to set aside an arbitral award for Euro 7.4 million issued under the ICC Rules. The applicant's contention that the arbitral tribunal had no jurisdiction was rejected.

Talks

  • ‘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