ADOPTION BY OLDER APPLICANT I ASSAULT | CHEATING AND ABUSE | CRIMINAL BREACH OF TRUST | CUSTODY AWARDED TO FATHER | DEFAMATION I ENFORCEMENT OF OPTION TO PURCHASE I ENFORCEMENT OF LOAN AGREEMENT | INFORMAL LOAN AGREEMENT AS CAVEATABLE INTEREST ON PROPERTY I MANAGEMENT DISPUTES | PRESUMPTION OF DEATH I TRADEMARK INFRINGEMENT
Adoption By Older Applicant: Our client, a lady in her 50s, wished to adopt an infant at birth, born to an unwed mother. The authorities informed our client that she was too old and objected to the adoption at the adoption hearing. As a result, the court dismissed our client’s application for adoption. We made representations to the authorities and obtained support from the applicant’s siblings to show that our client’s age was no barrier and that she had sufficient physical health and financial resources to provide for and take care of the child. On Appeal, the authorities withdrew their objection and the High Court allowed the adoption.
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.
Our client, a Manager, was charged with misappropriating the sales proceeds of his employer, a company. Our client’s defence was that he was permitted to use the funds by the Company’s director as long as he made a record of all collections and paid them back later. During the trial, we were able to establish that contrary to the claims of the Director, he had consented to our client using the funds, and that our client had kept a complete record of all collections that he had borrowed in this informal loan arrangement. Our client was acquitted, and the acquittal was upheld on Appeal to the High Court.
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.
Defamation: Our client ran a business in a niche market. A business rival told lies about him and his business practices to their mutual customers, and when he found out, our client warned her to stop doing so. As she did not stop, we assisted our client to bring a private summons against her. In court, the Defendant apologised to our client, whereupon our client discontinued the matter. However, the Defendant then carried on defaming our client resulting in losses to his reputation and business. We then assisted our client in a civil claim against the Defendant for defamation and successfully claimed damages against her.
Enforcement of Option To Purchase: Our clients were granted an Option to Purchase a residential property and then proceeded to exercise the Option and paid the option monies. However, the Sellers then refused to sell the property unless our clients agreed to a higher sale price (as the property’s market price had increased). Our clients informed the Sellers that they were not willing to buy the property at a higher price and held off on signing a Letter of Offer from the bank for a mortgage loan pending the Sellers’ confirmation that the sale would continue at the originally agreed price. The Sellers then agreed to the sale at the Original Price and confirmed that our clients could make the financing arrangements. However, the Sellers subsequently refused to carry on with the sale and ignored all requests by our clients for the sale to be completed. We assisted our clients to successfully apply for an order of specific performance compelling the Sellers to sell the property to our clients at the original price, and also successfully claimed damages including late interest for the losses suffered by our client as a result of the Plaintiff’s delay in completing the sale.
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.
Informal Loan Agreement As Cavetable Interest on Property: Our client had lent money to a relative who had promised to pay it back from the proceeds of the sale of his property. However, the relative then refused to sell the property and failed to pay back the debt. Our client then placed a caveat on the property, which the relative applied to remove, denying that there was ever such a loan. In defending the caveat at the High Court, we proved that our client had given the loan and the relative had promised to repay from the sale proceeds of his property, and that this had created a caveatable interest on the property in our client’s favour.
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.
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.
Presumption of Death: Our client’s father, an elderly man suffering from Alzheimer’s disease, unfortunately went missing after he walked out of his flat one day unknown to his family. Despite their tireless efforts to find him over the next 14 years with the help of the authorities, he remained missing. We assisted our client to apply to the court for a declaration of presumption of death, which then allowed our client to settle his affairs.
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.