TKQP continues to score significant results in the ongoing United Overseas Bank Ltd v Lippo Marina Collection Pte Ltd and others case.
We are acting for United Overseas Bank Ltd (UOB) in its claims for fraud and conspiracy against, amongst others, Lippo Marina Collection Pte Ltd (Lippo Marina), a property development company within the well-known Lippo Group, relating to UOB’s grant of mortgage loans amounting to an aggregate sum of S$181 million for the purchase of luxury condominium units at The Marina Collection at Sentosa Cove developed by Lippo Marina.
We had previously succeeded in an interlocutory application for summary determination on a complex area of law pertaining to whether a plaintiff (the victim of fraud) is attributed with the knowledge or actions of a fraudulent employee so as to preclude it from suing other persons on the basis of misrepresentation and deceit involving that employee. The High Court’s decision is reported at United Overseas Bank Ltd v Lippo Marina Collection Pte Ltd and others  2 SLR 597.
Since then, we have successfully argued against Lippo Marina’s appeal for specific discovery of an affidavit affirmed by a co-defendant pursuant to a settlement with UOB. In this application, several novel issues arose including litigation privilege in the context of a multi-party litigation. The High Court’s decision is reported at United Overseas Bank Ltd v Lippo Marina Collection Pte Ltd  SGHC 140, and is a landmark ruling on the applicability of litigation privilege to documents which are shared with one adversary pursuant to a settlement with that party, even though the litigation remains live against some other party. The decision is an important development in the law on privilege and will have an important bearing on trial preparation and strategy in the context of a multi-party litigation.
The team was led by Joint Managing Partner, Eddee Ng, with support from Senior Associate, Alcina Lynn Chew and Associate, Sherlene Goh.
We are delighted to announce that Mr Lawrence Low has joined TKQP as an Of Counsel.
Having been based in Singapore for more than 10 years, Lawrence has handled a number of landmark and award-winning financing transactions in Asia and the Middle East. Lawrence’s expertise, international best practice knowledge and in-depth knowledge of the local markets, will add depth to our Infrastructure and Projects practice.
Please refer to the press release for further details.
Over 60 guests gathered at TKQP’s new office in the iconic Guoco Tower for an evening of networking on 25 May. Conversations flowed freely over wine and canapés. New friendships were formed and old ones renewed.
We also had the honour of having Mr Ng How Yue grace our event with his presence. Mr Ng is the Permanent Secretary of the Singapore Ministry of Law, Second Permanent Secretary of the Singapore Ministry of Health and Chairman of the Energy Market Authority.
Photos of this cocktail reception can be viewed here.
TKQP’s Disputes practice has earned nominations for the Asian Legal Business SE Asia Law Awards 2017 amid competition from law firms across South East Asia and India.
The following partners have been nominated:
- Eddee Ng – Singapore Managing Partner of the Year
- Marina Chin – Woman Lawyer of the Year
- Paul Seah – Young Lawyer of the Year.
The firm has also earned a nomination for Singapore Litigation Law Firm of the Year.
An independent judging panel comprising at least 30 senior and expert industry leaders from numerous sectors will select the winners for the various award categories. Winners will be announced at The St. Regis Singapore on 18 May 2017.
We take this opportunity to thank all our clients for their support and confidence in the firm.
TKQP has obtained a favourable judgment in an appeal before the High Court in a long-running intellectual property dispute that spans more than a decade.
Representing one of Singapore’s largest banks – United Overseas Bank Ltd (UOB), joint managing partner Eddee Ng successfully argued for UOB’s liability to be limited to the interim award which UOB had already paid to the plaintiff, Main-Line Corporate Holdings.
The patent in question is the Dynamic Currency Conversion for Card Payment Systems, a currency conversion system which automatically detects the country of issue of a credit card, charge card or debit card. It then converts the transaction value from the currency of the country where the point of sale system is located to the currency of the credit card’s country of issue and presents both values to the cardholder for selection. UOB’s purchase of a similar system from the second defendant, First Currency Choice in 2001 marked the commencement of a series of law suits that span nearly 12 years.
Of Counsel, Keith Tnee has been recognised by Singapore Business Review as one of Singapore’s “70 most influential lawyers aged 40 and under”. This annual listing profiles young lawyers in Singapore who have shaped the Singapore legal industry. Lawyers were chosen based on thought leadership, influence, and success. Read more
In an effort to showcase and recognise young talented lawyers, Singapore Business Review does not rank a lawyer more than once. TKQP’s lawyers have been ranked in this list for three consecutive years. Senior Partner, Paul Seah was named in the inaugural 2014 ranking and Of Counsel, Calvin Liang was ranked in 2015.
TKQP has achieved a resounding win in a complex case where there was a dispute on whether the fire broke out in the plaintiff’s or the defendant’s property, and the cause of the fire was unknown.
In presenting the case for the plaintiff, we sought to invoke the principle of res ipsa loquitur to establish a prima facie case against the defendant. The High Court on its own accord also presented a slew of cases in which the principle of res ipsa loquitur was not applied and asked to be addressed on the cases. We successfully distinguished these cases, and thereby convincing the High Court judge to invoke the principle of res ipsa loquitur.
Following a nine-day trial in which many witnesses including fire experts and personnel from the Singapore Civil Defence Force were cross-examined, we obtained a favourable judgment for 100% of the quantum claimed by the plaintiff.
The team is led by joint managing partner Marina Chin, with support from senior associate Alcina Lynn Chew, and associate Leonard Loh.
TKQP’s Joint Managing Partner, Marina Chin, has garnered the Euromoney Legal Media Group Asia Women in Business Law Awards 2016 – Best in Dispute Resolution award. The award was announced on 9 November in Hong Kong.
In selecting a winner from 9 shortlisted female lawyers in the dispute resolution field, the judges noted Marina’s excellence in the provision of leadership, technical legal knowledge, professional accomplishments as well as advocacy and influence over the past 12 months.
Entering into its 6th year, the Asia Women in Business Law Awards celebrate the achievements of women in the legal profession who have successfully become influential and leading professionals in their chosen fields. In selecting the shortlist and winners, Euromoney Legal Media Group consulted lawyers and other professionals across Asia instead of relying solely on league tables.
TKQP hosted a successful mediation seminar in conjunction with the Singapore Mediation Centre (SMC) on Friday 30 September.
In addition to receiving information on the benefits of mediation, delegates also gained valuable insights on how to reduce legal costs and maintain business continuity using mediation which can help preserve commercial relationships and resolve thorny problems for which compensation is not a complete answer.
The speakers were Karam S Parmar (Senior Partner, TKQP), Eddee Ng (Joint Managing Partner and Co-Head of Disputes, TKQP) and Loong Seng Onn (Executive Director, SMC).
TKQP is pleased to announce that the Accent Delight International Ltd v Bouvier, Yves Charles Edgar matter has garnered the Asialaw Asia-Pacific Dispute Resolution Awards’ Matter of the Year 2016 award. These awards celebrate the achievements of lawyers in various practice groups across 14 jurisdictions. In selecting the winners, Asialaw undertook detailed research from a variety of sources and consulted private practice lawyers, in-house counsel and barristers.
TKQP acted for one of the defendants accused of defrauding Mr Dmitry Rybolovlev, a Russian Oligarch and owner of AS Monaco Football Club, of some US$1 billion from the purchase of numerous masterpieces, including works by Picasso, Monet, Rothko and Da Vinci. We successfully obtained the discharge of a worldwide Mareva or freezing injunction that had been previously obtained against our client. The Court of Appeal’s judgment is now the leading case on worldwide freezing injunctions. This complex cross-border dispute has been publicised and followed all over the world.
The matter was led by Senior Partner, Paul Seah and supported by:
- Of Counsel, Calvin Liang; and
- Associates, Eugene Low; Kristy Teo; and Rachel Chin.
Joint Managing Partner, Marina Chin, has been shortlisted for the Euromoney Legal Media Group Asia Women in Business Law Awards 2016 – Best in Dispute Resolution award.
These awards celebrate the achievements of women in the legal profession who have successfully become influential and leading professionals in their chosen fields. In selecting the shortlist across Asia, Euromoney Legal Media Group consulted a number of lawyers and other professionals across Asia instead of relying on league tables.
The award dinner will take place at JW Marriott in Hong Kong on 9 November.
Following a trial that spanned five weeks, TKQP has obtained a resounding judgment in favour of the parent company of a multi-jurisdictional group against its ex-CEO and managing director.
Apart from the intrigue of bribery and corruption, conspiracy, diversion of a multi-million business and serious breaches of fiduciary duties, we have obtained a favourable judgment in excess of US$8 million.
What is notable is that a detailed analysis of claims for equitable damages had to be undertaken. A claim for equitable damages is uncommon, and it opens the door wider as to the extent and types of losses which can be claimed given more relaxed rules of causation, foreseeability and remoteness.
The team is led by joint managing partner, Marina Chin, with support from:
- of counsel, Cheryl Nah;
- senior associate, Alcina Lynn Chew; and
- associates, Eugene Low and Kristy Teo.
TKQP’s sterling Disputes practice has added another feather to its cap. The practice has been shortlisted for three awards in the following categories of the second annual Asialaw Asia-Pacific Dispute Resolution Awards 2016:
- Disputes Boutique of the Year;
- Matter of the Year – Accent Delight International Ltd v Bouvier, Yves Charles Edgar; and
- Disputes Star of the Year – Eddee Ng.
In selecting the shortlist across 14 jurisdictions, Asialaw undertook detailed research from a variety of sources and consulted private practice lawyers, in-house counsel and barristers.
The award dinner will take place at The Island Shangri-La in Hong Kong on 27 September.
Joint Managing Partner, Eddee Ng, is now a member of the prestigious, invitation-only International Association of Defense Counsel.
Established in the United States in 1920, the International Association of Defense Counsel serves a distinguished group of corporate and insurance defence attorneys and insurance executives, and plays a lead role in areas of legal reforms and professional development. Membership is on a strictly invitation-only, peer reviewed basis.
Commenting on being selected to be a member of this prestigious association, Eddee said “I am honoured to be part of this select group and look forward to sharing my skills and expertise with all members.”
Joint Managing Partner, Eddee Ng, has been ranked as a leading lawyer in the fields of banking law and litigation in Singapore by leading independent publication, Best Lawyers. Eddee has acted for international clientele in a wide spectrum of corporate and commercial litigation cases ranging from fields as diverse as banking, telecommunications, hospitality and wealth management. He has also engaged in some of the most significant cross-border insolvency and restructuring matters in Singapore, notably acting for a US bank creditor in the restructuring of Asia Pulp & Paper and for the Drydocks group of companies (subsidiaries of Dubai Ports World) in applying for a scheme of arrangement in 2012.
Senior Partner, Karam Singh Parmar, has also earned recognition from the Best Lawyers in the fields of construction law, arbitration and mediation. Karam practises civil and commercial litigation. On the non-contentious front, Karam regularly advises clients on various legal and regulatory issues, the various types of building and consultancy agreements, public-private partnership projects and numerous types of commercial contracts. He has also advised the relevant agencies in connection with investigations into company malpractices.
Best Lawyers’ selections are based on rigorous peer review surveys and are subject to stringent eligibility checks with local bar associations.
Tan Kok Quan Partnership is proud to announce the promotion of Paul Seah to the position of Senior Partner.
Paul graduated from the National University of Singapore in 2005 with a 2nd (Upper) class Honours, having been on the Dean’s List while he was in school. He began his legal practice in 2006 at Tan Kok Quan Partnership where he did his pupillage.
Paul’s main area of practice is in civil and commercial disputes, where he has represented clients in a sterling list of high-profile cases, many of which have been reported widely in the local and international press. He also acted for one of the accused persons in the City Harvest trial, which is the longest running criminal trial in Singapore’s history. In addition, Paul specialises in insolvency and restructuring work, and has advised Singapore’s leading accounting firms and financial institutions on some of Singapore’s more complex insolvencies in recent years.
Paul’s work has garnered plaudits from independent legal publications, including Asian Legal Business’ “40 Under 40 – Asia’s Brightest Young Legal Minds” and Singapore Business Review’s “Singapore’s 20 Most Influential Lawyers 40 and Under”.
Joint managing partners, Marina Chin and Eddee Ng, said: “We are proud and pleased that Paul is admitted as a Senior Partner, and congratulate him on achieving this well-deserved milestone. Paul’s career growth demonstrates the Firm’s commitment in nurturing and retaining talented lawyers. He will be playing a substantial part in the Firm’s plans to grow, and we look forward to his continued contribution.”
Tan Kok Quan Partnership is acting for United Overseas Bank Limited (UOB) in its claims for fraud against, amongst others, a property developer company within the Lippo group, relating to UOB’s grant of mortgage loans amounting to an aggregate sum of S$181 million for the sale and purchase of luxury condominium units at The Marina Collection at Sentosa Cove developed by the Lippo entity. This case included an interlocutory application involving a complex area of law pertaining to whether the fraud exception applies to prevent attribution of the knowledge of an employee who had been fraudulent and/or who had committed a breach of duty to the employer. We also successfully argued against an appeal by the defendants before the High Court.
This dispute involving two well-known entities in South East Asia is closely watched by market participants in Singapore as it sets a precedent to how banks’ interests can be protected given the prevalence of incentive schemes adopted by developers to entice buyers, which usually include furniture rebates, cash rebates or discounts on cars, to name a few.
The team is led by joint managing partner, Eddee Ng and he is assisted by of counsel, Ho Xin Ling; and associates, Lau Qiuyu, Kristy Teo and Rachel Chin.
In a Q&A with Asian Legal Business, Eddee Ng, joint managing partner of the firm, discusses key trends, potential legal and regulatory developments in Singapore in 2016. Click here for the full interview.
Tan Kok Quan Partnership starts the new year on a high note.
Following an extensive research undertaken by the independent research and editorial teams of Corporate Intl Magazine, we have garnered the Commercial Litigation Law Firm of the Year in Singapore 2016 award from Corporate Intl Magazine.
With a wealth of experience in handling a broad and diverse spectrum of cases, our disputes practice has earned a stellar reputation for the quality of our work. An unwavering dedication to excellence in service and professionalism is our hallmark. We regularly act on high profile, ground breaking cases such as the City Harvest Church matter – one of the largest and highest profile white-collar crime cases in Singapore’s history; and acting for a wealthy individual accused of defrauding Mr Dmitry Rybolovlev, a Russian Oligarch and owner of AS Monaco Football Club, of some US$1 billion from the purchase of numerous masterpieces, including works by Picasso, Monet, Rothko and Da Vinci.