Court : Singapore Supreme Court
..... of the contributions made by each party in money, property or work towards acquiring, improving or maintaining the matrimonial assets; (b) any debt owing or obligation incurred or undertaken by either party for their joint benefit or for the benefit of any child of the marriage; (c) the needs of the children (if any) of the marriage; (d) the extent of the contributions made by each party to the welfare of the family, including looking ..... infirm relative or dependant of either party; (e) any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce; (f) any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party; (g) the giving of assistance or support by one party to the other party (whether or not of a material kind), including ..... would be inequitable to the wife to hold both parties to the clause in question as the husband, in breach of the recitals, had failed to disclose his acquisition of shares worth some s$12m and s$985,000 as consideration thereof in the drawing up of the separation agreement, and had subsequently failed to comply with his duty of full and ..... be that the assets should be divided at the latest time possible so that both parties share the benefit or burden of the increase or decrease in the value of the asset. ..... benefits, i find that the defendant would have been entitled to a share of the plaintiff's retirement benefits .....
Tag this Judgment!Court : Singapore Supreme Court
..... or of his children or of his wife and children or any of them, or by any woman on her own life and expressed, before the date of commencement of section 10 of the insurance (amendment) act 2009, to be for the benefit of her husband or of her children or of her husband and children or any of them, shall create a trust in favour of the objects therein named, and the moneys payable under any such policy shall not, so long as any ..... not for the delay, the wife could well have had the benefit and use of such share of the assets much earlier. ..... the parties are urged to comply with the court's order for shared care and control as soon as possible whereupon the maintenance of the children can be ..... the mother claimed that the husband was never given any share of the rent although the husband had declared it as his income "for income tax purpose only". ..... adopting a broad-brush approach, i award the wife a share of 25% of the matrimonial assets to reflect her indirect contributions to ..... the wife submitted that she should be given a share of at least 35% of the matrimonial assets, while the husband submitted that the wife should receive about 10% of whatever is assessed to be the quantum of the matrimonial assets ..... was what this court had determined as [y]'s monthly expenses, including his share of rental, utilities, maid's salary and levy. ..... not be just and equitable for the husband and the mother to exclude the wife from the benefit of the property's appreciation in value in these circumstances. 67. .....
Tag this Judgment!Court : Singapore Supreme Court
..... and any or all of such subsidiary, associate or other related companies which the employee shall have performed duties or carried out work in relation to and for the benefit of any or all of such above companies at any time during the period of nine (9) months prior to the date of termination of employment stated herein. ..... company and any or all of such subsidiary, associate or other related companies which the employee shall have performed duties or carried out work in relation to and for the benefit of any or all of such above companies at any time during the period of nine (9) months prior to the date of termination of employment stated herein. 22. ..... and any or all of such subsidiary, associate or other related companies which the employee shall have performed duties or carried out work in relation to and for the benefit of any or all of such above companies at any time during the period of nine (9) months prior to the date of termination of employment stated herein. ..... it indicates no more to me than an intention by lsk to use his share of the sale proceeds to benefit the plaintiff as his sister or as an employee of humming house, but not as a vendor ..... indeed, one may add that it seems illogical that an employer who does not have the benefit of a confidentiality provision in his employee's contract of employment has a better chance of establishing confidential information as a legitimate interest to protect under [a non-competition covenant] than an employer who has sought to .....
Tag this Judgment!Court : Singapore Supreme Court
..... following objective facts (at [77] of the judgment): (a) there was no document or message which showed or hinted that representation c had been made; (b) the appellants' solicitors did not mention representation c as a ground for rejecting strategic's demand for its share of the $4m dividends when strategic's lawyers sent the 25 may 2009 letter of demand (see [23] above); and (c) in an affidavit dated 25 march 2008 which mr liaw filed in suit no 176 of 2008, he stated that he "assumed ..... behalf of sandz's shareholders) and mr ang (on behalf of lexicon) signed the finalised term sheet, which provided that: (a) lexicon would purchase all the issued shares in sandz for $36m, of which $12m would be payable in cash in four quarterly instalments, with the remaining $24m to be paid in the form of lexicon shares (then priced at $0.06 per share), which were to be allotted in stages; and (b) lexicon and mr liaw would each make a loan of $2.5m to sandz to provide it with working ..... set forth in this agreement, the vendor [ie, mr liaw] shall sell as legal and beneficial owner, and the purchaser [ie, strategic] shall purchase, all of the rights, title and interest in and to the sale shares [ie, the 25% stake in sandz] on completion, free from all encumbrances or third party rights of whatsoever nature and with all rights ..... clause 3.1 of the strategic spa, it is certainly plausible that read in its entirety, the clause refers to rights and benefits attaching to the shares comprising the 25% stake in sandz .....
Tag this Judgment!Court : Singapore Supreme Court
..... or provisions to the contrary in its memorandum or articles, this act or any other law for the time being in force in the british virgin islands, a company incorporated under this act has the power, irrespective of corporate benefit, to perform all acts and engage in all activities necessary or conducive to the conduct, promotion or attainment of the objects or purposes of the company, including the power to do the following - (g) guarantee a liability or obligation ..... main issue presented in these appeals is whether sia and lee had breached their fiduciary duties in causing dynasty to pledge the shares and had thereby failed to act in the best interests of dynasty's creditors at a time when dynasty's solvency was or appeared ..... sia took loans on the security of the shares for the benefit of himself and his related entities (including beswil ..... position from sia's by arguing that: (a) he did not know that dynasty had creditors; (b) he was entitled to assume that the shares had been fully paid for as they had already been transferred to dynasty; (c) he did not know of the share pledges; and (d) although he had signed the first pledge, he had only done so upon sia's request. 45. ..... under seven separate sale and purchase agreements dated 5 february 1996, dynasty acquired 29,537,367 shares ("the shares") in china development corporation limited ("cdc") from low and the following vendors: (a) johnny tsao yue hwa; (b) yap han hoe; (c) swanny sri sujanty setyono; (d) lau kang thow; (e) evelyn .....
Tag this Judgment!Court : Singapore Supreme Court
..... put another way, the plaintiff's account of the family arrangement demonstrated a clear intention for the other family members to own their share of the property both legally and beneficially at the time the property was acquired, with that ownership to persist if the plaintiff failed to repay the ..... counsel for the plaintiff, mr chen, submits on these facts that each defendant holds only the bare legal title to a one-fifth share in the property, with the plaintiff being the owner in equity of the entire beneficial interest in the property on one of three possible ..... she changed her mind, however, when the father explained that she would hold her one-fifth share on trust for the plaintiff rather than in her own right, and that she would bear no part of the financial burdens of co-ownership. ..... the plaintiff's own case: (a) contrary to the family arrangement, the brother refused to transfer his one-fifth share to the plaintiff in 1973 until the plaintiff repaid the entire amount then due on the overdraft. ..... proved and her 1981 will (see [57] above) being unproved, the plaintiff relies on the 1981 will and her acknowledgment in writing in 1981 (see [55] above) as evidence that his mother always saw the benefit of her one-fifth share in the property as belonging to the plaintiff. 64. ..... mother of mr james quek hung heong, return herewith, without duress, the 1/5 share (one- fifth share) of the property known as 8-a coronation road, singapore 1026 lot 512 mukim ii held by me in trust for .....
Tag this Judgment!Court : Singapore Supreme Court
..... while it might be open to the court to grant limited relief in the form of enhancing the value to be attributed to the shares of the company in a buyout order, it is quite another thing to say that there is a general right to compensation for loss resulting from oppression: see yeo ..... that dr han's loss centred on a claim of a loss of chance to benefit from the profit sharing agreement outlined in the 1 march document. ..... shares[dr han]deputy chairman2 shares[richard]managing director2 shares[robin]director2 shares[michael]director2 shares[christine]director2 sharescleantech ventures manager asia pte ltdmanager4 sharestotal16 shares # the directors will review the value of [ctp's] equity interest in hangzhou-singapore eco-park (hsep) pursuant to the conclusion of all completion documents and independent valuation of the development site in hsep to determine a more realistic share value of [ctp's] shares. ..... its terms in full are as follows: resolved and confirmed the following number of ordinary shareholders, no of ordinary shares to be issued to each shareholder and the appointment of [dr han] and [christine] as company directors, [dr han] as deputy chairman of ctp, cleantech ventures asia pte ltd as manager, is hereby accepted with effect ..... dr han that patrick and richard had conspired to use unlawful means to remove him from his positions in ctp-hz by way of a scheme to sell ctp shares to a malaysian company and thereafter diluting dr han's and christine's shares in the company. 14. .....
Tag this Judgment!Court : Singapore Supreme Court
..... these redeemable preference shares were held on trust for the benefit of the allco fms. 6. ..... the assets of the fund are redeemable preference shares in taragon capital malaysia sdn bhd ("taragon"). ..... this was done by bmt subscribing to 20 million units of redeemable preference shares and 25 million units of rps-b shares in taragon. .....
Tag this Judgment!Court : Singapore Supreme Court
..... : (a) the extent of the contributions made by each party in money, property or work towards acquiring, improving or maintaining the matrimonial assets; (b) any debt owing or obligation incurred or undertaken by either party for their joint benefit or for the benefit of any child of the marriage; (c) the needs of the children (if any) of the marriage; (d) the extent of the contributions made by each party to the welfare of the family, including looking after the home ..... any aged or infirm relative or dependant of either party; (e) any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce; (f) any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party; (g) the giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance ..... to be deprived of the benefit otherwise to be accorded to her by section 5 (1) (f) because she may share responsibility for the breakdown with her ..... , in ayq v ayr and another matter [2013] 1 slr 476 at [23], held that indirect contributions should be quantified with the full benefit of hindsight, and in a broad manner that does not narrowly focus on specific classes of assets: ... ..... not accept the husband's submission that this court should reduce the wife's share in the matrimonial assets to reflect its disapproval of her act of poisoning .....
Tag this Judgment!Court : Singapore Supreme Court
..... the differential premium is a contractual payment to sla representing, in essence, the net present value of a share to the lessor under the state lease of the additional economic benefit accruing from the enhanced use of rbc. ..... indeed, because he originated it and shared it, he reinforced that characterisation by telling mr lim jr: "as you can appreciate we need a conclusive answer from ura on the proposed usage of the premises. ..... if rbc or any part of it is put to more lucrative use which goes beyond b2 use, then sla reserves to itself the right to draw some of that enhanced economic benefit upwards by imposing a differential premium. ..... the plaintiff says that it conferred certain benefits on the defendant under the abortive sub-lease and the defendant, in these circumstances, would be unjustly enriched if it were allowed to retain those benefits. .....
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