Singapore Court of Appeal finds restrictive covenants with no time limit are unreasonable in restraint of trade, preparatory acts to compete not in breach of duty of good faith and fidelity *

Singapore - September 27 2012
In Smile Inc Dental Surgeons Pte Ltd v Lui Andrew Stewart [2012] SGCA 39, the Court of Appeal considered the scope of restraint of trade clauses in an employment contract in the dental industry and found them to be unreasonable as they were unlimited in duration.

Co-authors: Aaron Lee, Kelvin Wong.

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Singapore Court of Appeal holds deprivation of employee's legal right to vested monies is restraint of trade *

Singapore - September 27 2012
In the recent case of Mano Vikrant Singh v Cargill TSF Asia Pte Ltd, the Singapore Court of Appeal held that a clause forfeiting an employee's benefits when he competes with his ex-employer after the termination of his employment was one that falls within a scope of the restraint of trade doctrine.

Co-authors: Aaron Lee, Kelvin Wong.

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Singapore High Court overturns district court judgment and acquits directors in relation to offences concerning disclosure under the Securities and Futures Act *

Singapore - August 30 2012
The Singapore High Court, in Madhavan Peter v Public Prosecutor and other appeals [2012] SGHV 153, overturned the District Court's judgment against independent/non-executive director Peter Madhavan ("Madhavan"), Chief Operating Officer Chong Keng Ban @Johnson Chong ("Chong") and independent/non-executive director On Seow Yong ("Ong").

Co-authors: Christine Chan, Christina Ong, Aaron Lee, Yap Lune Teng.

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Austrailain High Court underlines significance of board minutes as evidence of decisions taken at meetings *

Australia - June 28 2012
In Australian Securities and Investments Commission (ASIC) v Hellicar [2012] HCA 17, the Australian High Court underlined the significance of board minutes as evidence of decisions taken at meetings.

Co-authors: Kristy Tan, Ang Cheng Hock, SC.

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Singapore Court of Appeal reviews non-exclusive jurisdiction provision *

Singapore - May 31 2012
In Orchard Capital I Ltd v Ravindra Kumar Jhunjhunwala, the Singapore Court of Appeal considered whether to stay a Singapore action on the ground of forum non conveniends in the light of a non-exclusive jurisdiction clause in a settlement agreement (the "Agreement") which pointed to Hong Kong.

Co-authors: Ramesh Selvaraj.

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