ASSAULT | CHEATING AND ABUSE | CRIMINAL BREACH OF TRUST | CUSTODY AWARDED TO FATHER | ENFORCEMENT OF LOAN AGREEMENT | MANAGEMENT DISPUTES | TRADEMARK INFRINGEMENT
Assault: Our client was charged with assaulting his neighbour. The neighbour claimed that our client hit him in the face resulting in him falling over and bruising his face. We were able to show that those were not the facts as our was an elderly man, whereas the neighbour was a fit NSman. Furthermore, the neighbour had been hurling verbal abuse at our client and attempting to assault him. As a result, our client suffered palpitations and had to seek immediate medical attention. Our client was acquitted.
Cheating and Abuse: Our client, a widow, was courted by a man who claimed that he was a widower and promised to marry her. Based on his promise, the man deceived her into parting with her money. Our client subsequently found out that he was married, ended the relationship and demanded the repayment of her money. The man’s wife then verbally abused our client. We were able to secure repayment of the amount, an apology and an undertaking to keep the peace between them.
Criminal Breach of Trust: Our client, a money changer, was charged with misappropriating the funds of a foreign worker. The foreign worker alleged that he gave certain funds to our client to be transmitted to the foreign worker’s home country. It was further alleged that our client, instead of transmitting the money, used it for his own medical treatment. At the investigation stage, the prosecution did not accept our client’s version of events and the matter went to trial. During the trial, we were able to show that our client had indeed transferred the funds to a third party who had failed to deliver the funds to the intended recipient. We further showed that our client had used his own CPF funds for his medical treatment. Our client was acquitted.
Custody Awarded to Father: Our client’s wife applied for divorce and custody of their only child, a boy, then aged under 5 years. Our client resisted the application, and managed to obtain custody, care and control of the child. This case set a precedent, as prior to this, custody for young children was always awarded to the mother.
Enforcement of Loan Agreement: Our client, a European export agency, provided 3.3m French francs for export to an Asian company secured with guarantors. After the equipment was delivered, the Asian company refused to make payment citing defective equipment. We successfully applied for and executed a Mareva injunction through the Singapore courts to freeze the assets of the Asian company prior to ICC arbitration. At arbitration, the European agency secured an award in its favour, which was registered for enforcement in Singapore against the assets of the Asian company.
Management Disputes:
Case One:
Our client entered into an arrangement with 2 Directors of a company to help with the publication of a magazine. The arrangement included his appointment as director, payment of fees to him as publisher and editor, his acquisition of shares in the company and a share of profit. When the client managed to establish the business and generate profit, the 2 Directors refused to honour the agreement and instead diverted the profits of the company leaving it insolvent.We succeeded in making the Directors personally liable for the Agreement and the share of profits from the company. Our client was awarded his claim of 1.8m Singapore dollars.
Case Two:
Our client, a local investment company, through one of the Directors, entered into a hospitality project in an Asian country. The Director deceived the company as to the value of the project, the expenses and the income derived from the project. We obtained and executed a Search and Seize Order against the Director and uncovered documents which showed the true state of affairs and the deceit perpetrated on the Company. Based on these documents, we were able to obtain judgment against the Director amounting to 2.5m US dollars, as restitution.
Trademark Infringement: Our client, a Singapore freight forwarding company, unwittingly came into possession of counterfeit branded footwear through international transhipment from China through Germany to Singapore. They were charged with infringing the trademark of the brand owner. We mitigated the matter so that our clients did not become liable for the claim.