Work Highlights
Civil Fraud & Asset Recovery
• UniCredit Bank AG, Singapore Branch v Glencore Singapore Pte Ltd [2022] SGHC 263, [2023] SGCA 41: Successfully
defended proceedings worth more than USD 30 million involving allegations of trade financing fraud.
• JTrust Asia Pte Ltd v Group Lease Holdings Pte Ltd and others [2020] 2 SLR 490, [2020] 2 SLR 1256, [2021] 1 SLR 1298, [2023] SGHC 167 and [2023] SGHC(A) 37: Acted for the successful claimant in a USD 210 million investment fraud / conspiracy dispute involving multiple parties, as part of cross-border litigation spanning more than five jurisdictions. These proceedings have resulted in leading authorities on “round-tripping” fraud and post-judgment Mareva injunctions.
• Advised various investors of an Australian company in respect of a “pump and dump” scheme, involving advice on the Securities and Futures Act 2001 and Companies Act 1967.
• Advised a listed palm oil conglomerate as part of a multi-jurisdictional team in respect of a large-scale corporate fraud worth approximately US$50 million, involving allegations of corruption and breaches of fiduciary duty.
Commercial Dispute Resolution
• Instructed to advise on potential liabilities in connection with shipbuilding contracts worth approximately USD 1 billion, arising out of international sanctions imposed on Russian entities.
• Tamar Perry & anor v Jacques Henri Georges Esculier & anor [2023] SGCA(I) 2: Acted for high net worth individuals in successfully resisting a competing claim to a fund of approximately USD 10 million against King’s Counsel, involving issues of tracing, trusts and conflicts of law.
• Instructed as expert witness on Singapore law on unjust enrichment and conversion in successful summary judgment proceedings before the United States District Court for the Southern District of New York in Fujian Shipping Co Ltd v OW Bunker Far East (S) Pte Ltd, Case No 16-CV-401. The District Court’s decision was subsequently affirmed by the Court of Appeals for the Second Circuit.
Corporate Law
• Hin Leong Trading (Pte) Ltd (in liquidation) v Rajah & Tann Singapore LLP [2022] 2 SLR 253: Acted for a leading Singapore law firm in proceedings seeking to restrain the law firm from acting, now the leading authority on the residual powers of directors to act on behalf of companies which have been placed in judicial management or liquidation.
International Commercial Arbitration
• Gate Gourmet Korea Co, Ltd and others v Asiana Airlines, Inc [2023] SGHC(I) 23: Acted for a leading airline catering venture against Senior Counsel, successfully obtaining anti-suit injunctions to restrain foreign proceedings.
• Acted on behalf of a corporate consultancy in SIAC arbitration against a Chinese state-owned entity.
• Acted on behalf of a leading commodities trader in ad hoc arbitrations arising out of a major bunker contamination incident, involving potential liabilities of in excess of USD 100 million.
• Acted on behalf of a leading commodities trader, successfully appealing against an SCMA arbitration award on a question of law, concerning the proper construction of the BP GTCs (2015 Edition).
• CFJ v CFL [2023] SGHC(I) 1: Acted against Senior Counsel on behalf of a state-owned entity in successfully resisting an application to set aside SIAC arbitral awards worth in excess of USD 1 billion, as well as an application to remove the Presiding Arbitrator for apparent bias.
• Acted against Senior Counsel on behalf of a private equity fund in successfully obtaining a stay of proceedings in favour of a related arbitration.
• Acted in arbitration proceedings under the LMAA Terms on behalf of a Thai listed entity in a charterparty dispute in excess of USD 10 million.
• Instructed as expert witness on Singapore arbitration law in proceedings before the Hong Kong Court of First Instance in OUE Lippo Healthcare Limited v Lin Kao Kun (HCCT No 4/2019).
• Instructed as expert witness on Singapore arbitration law in proceedings before the United States District Court for the District of Delaware in Go Airlines (India) Limited v International Aero Engines, LLC (Case 1:23-mc-00249-UNA).
Regulatory Law & Investigations
• Acted in judicial review proceedings seeking leave to quash decisions of a Complaints Committee of the Singapore Medical Council.
• Acted in proceedings concerning the proper interpretation of the “leapfrog” provision in s 94A of the Legal Profession Act 1966.
• Instructed as expert witness on Singapore law on the interpretation of Singapore casino regulations in proceedings before the Supreme Court of New South Wales in Marina Bay Sands Pte Ltd v Graham Harry Taylor (No 2016/304447).
• Acted in criminal revision proceedings, successfully quashing a decision of the lower court due to the wrongful admission of privileged material in a trial of money-laundering charges. The charges were dropped by the Public Prosecutor following this decision.