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: Ang Cheng Hock, SC, Jason Chan Tai-Hui.

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English High Court holds that transfer of ownership of corporate shareholder does not trigger pre-emption provisions in shareholders agreement *

United Kingdom - April 27 2012
The English High Court in McKillen v Misland (Cyprus) Investments Ltd & Ors held that the change of control of a company did not trigger the pre-emption provisions of a shareholders agreement to which that company was a party.

Co-authors: Jason Chan Tai-Hui.

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English Court of Appeal orders rectification of contract for common mistake *

United Kingdom - January 27 2012
In Daventry District Council v Daventry & District Housing Limited, the English Court of Appeal, by a majority of two (Toulson LJ and Neuberger MR) to one (Etherton LJ), allowed a contract to be rectified on the basis of common mistake.

Co-authors: Loong Tse Chuan.

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Singapore Court of Appeal explains bank’s duty of care towards customer *

Singapore - September 30 2011
In the case of Go Dante Yap v Bank Austria Creditanstalt AG [2011] SGCA 39, the Singapore Court of Appeal found on particular facts of the case that, while a private bank did not owe its customer a contractual duty to provide advice about his investments, it did owe him a contractual duty of skill and care in carrying out his investment instructions.

Co-authors: Edward Tiong.

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Singapore High Court considers scope of conclusive evidence clause in banking documentation *

Singapore - July 28 2011
Jiang Ou v EFG Bank AG [2011] SGHC 149

Co-authors: Loong Tse Chuan.

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