TKQP Scores Victory in Minority Oppression Case

TKQP has secured a favourable judgment in a minority oppression case which involved Mdm Kwik Poh Leng, the matriarch of the Thio family.

The Thio family members own a very successful dairy products business in Singapore through their company, Malaysia Dairy Industries Pte Ltd, which produces well-known products such as Vitagen, Marigold, HL Milk, Peel Fresh, Cowbell, Lady General, King of Kings and Double Happiness.

Three members of the Thio family commenced an action against their mother, Mdm Kwik, and two other siblings for acts that were allegedly oppressive and prejudicial to their interests as shareholders of certain companies owned by the Thio family. The plaintiffs sought a buyout from the defendants, or alternatively that the companies in question be wound up.

Following a 16-day trial, we succeeded in having the claims against our client dismissed.

The team is led by Senior Partner, Paul Seah with support from:

  • Of Counsel, Keith Tnee;
  • Senior Associate, Alcina Lynn Chew; and
  • Associate, Rachel Chin.

TKQP shortlisted for two awards by Asialaw

TKQP’s sterling Disputes practice has earned nominations for the Asialaw Asia-Pacific Dispute Resolution Awards 2017.

The firm has been nominated for the Disputes Boutique of the Year award. In addition, Senior Partner, Paul Seah, has earned a nomination for the Disputes Star of the Year award.

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 Grand Hyatt in Hong Kong on 28 September.

TKQP Scores Significant Results in the United Overseas Bank Ltd v Lippo Marina Collection Pte Ltd and Others Case

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 [2016] 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 [2017] 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.

TKQP Bolsters its Infrastructure and Projects Practice

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.

International Association of Defense Counsels – Asian Regional Meeting Reception

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 shortlisted for four awards by Asian Legal Business

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 secures favourable judgment in multi-million dollar case

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.

Keith Tnee recognised by Singapore Business Review as one of Singapore’s “70 most influential lawyers aged 40 and under”

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 obtains favourable judgment in groundbreaking case

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.

Marina Chin named Euromoney Legal Media Group’s Best in Dispute Resolution Female Lawyer

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.

Mediation seminar

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).

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TKQP wins Asialaw Asia-Pacific Dispute Resolution Awards’ Matter of the Year 2016 award

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.

TKQP Lawyer Nominated for Best in Dispute Resolution Award

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.

TKQP achieves resounding win

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 shortlisted for three awards by Asialaw

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.

Announcement

On 27 February 2015, the Prime Minister’s Office announced the appointment of our Managing Partner, Mr Kannan Ramesh, S.C., as a Judicial Commissioner of the High Court for a two year term with effect from 22 May 2015. We take immense pride in Ramesh’s appointment. It is well deserved. We wish him all the very best in this new
chapter.

In view of his elevation, Ramesh will relinquish his position as Managing Partner on 30 April 2015. He will handover the reins to Marina Chin and Eddee Ng, who will be appointed Joint Managing Partners with effect from 1 May 2015.

Tan Kok Quan Partnership earns top spots in Asialaw Profiles 2016

Tan Kok Quan Partnership has been highly recommended by Asialaw Profiles 2016 in the Dispute Resolution category. The firm’s Restructuring & Insolvency and Corporate & Real Estate practice groups also received recognition and were ranked in the “Recommended” tier. Additionally, two individual lawyers, Tan Kok Quan, S.C. and Karam Singh Parmar were ranked in the elite “Leading Lawyer” class. Read more…

Eddee Ng joins the International Association of Defense Counsel

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.”

Best Lawyers names Tan Kok Quan Partnership partners leading lawyers for 2016

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.