1 724 Singapore Academy of Law Journal (2014) 26 SAcLJ Case Note CAUSATION IN EQUITABLE COMPENSATION The Brickenden Rule in Singapore Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 The controversial rule in Brickenden v London Loan & Savings Company of Canada  3 DLR 465 was recently introduced into the local jurisprudence on equitable compensation for breach of fiduciary duty. In Then Khek Koon v Arjun Permanand Samtani  1 SLR 245, the High Court accepted Brickenden as authority for the proposition that if a fiduciary is in one of the well-established categories of fiduciaries and has committed a culpable breach of his core duties of honesty and fidelity, he is liable to pay equitable compensation even if but-for causation cannot be proved. This note critically reviews the importation and the interpretation of the Brickenden rule by the High Court. TAN Ruo Yu* LLB (Summa) (Singapore Management University); Advocate and Solicitor (Singapore); Associate, Rajah & Tann Singapore LLP. I. Introduction 1 The Privy Council case of Brickenden v London Loan & Savings Company of Canada 1 ( Brickenden ) has long been a point of controversy in the law on equitable compensation for breach of fiduciary duty. The case is said to stand for the strict rule that an errant fiduciary who withheld material facts from his principal in a lossmaking transaction cannot escape liability by arguing that his non-disclosure was irrelevant. In effect, this dispenses with the need for a causal link between the fiduciary s breach and the principal s loss. Unsurprisingly, Brickenden has been subject to considerable judicial and academic criticism in other jurisdictions. * The author is grateful to Yip Man and the anonymous reviewer for their helpful comments on earlier drafts of this article. Any remaining errors are the author s own. 1  3 DLR 465.
2 Causation in Equitable Compensation: (2014) 26 SAcLJ Then Khek Koon v Samtani Brickenden was accepted as good law in Quality Assurance Management Asia Pte Ltd v Zhang Qing 2 ( QAM ) and Then Khek Koon v Arjun Permanand Samtani 3 ( Then Khek Koon ), both of which were presided over by the same learned judge. 4 In particular, in the later case of Then Khek Koon, Vinodh Coomaraswamy J accepted Brickenden as authority for the proposition that: 5 A fiduciary who is in one of the well-established categories of fiduciaries and who commits a culpable breach of his core duties of honesty and fidelity is liable to pay equitable compensation even if the object of those duties is unable to prove but-for causation. [emphasis added] 3 Whilst Then Khek Koon has clarified some points of uncertainty in QAM concerning the application of the Brickenden rule, this note argues that the importation of the Brickenden rule should in the first place be reconsidered, having regard to the specific context in which the said rule was developed as well as the developments in other common law jurisdictions. More importantly, it is suggested that the Brickenden rule as interpreted and applied in Then Khek Koon raises theoretical and practical problems. II. Facts and judgment 4 The material facts of Then Khek Koon can be simply stated. Both defendants were members of the sale committee ( SC ) in charge of the collective sale of a condominium ( Property ), while the plaintiffs were subsidiary proprietors of the Property who objected to the sale. Unbeknownst to other subsidiary proprietors, the defendants each purchased an additional unit in the Property before the collective sale process was formally launched through an extraordinary general meeting in April This came to light only during the discovery process following the plaintiffs objection to the collective sale application before the Strata Titles Board in May On this newfound fact, the plaintiffs argued that the impetus for a hurried sale placed the defendants in a position of conflict, 8 thereby constituting one 2  3 SLR  1 SLR For ease of reference, this note addresses his Honour as Coomaraswamy J when discussing both Quality Assurance Management Asia Pte Ltd v Zhang Qing  3 SLR 631 and Then Khek Koon v Arjun Permanand Samtani  1 SLR 245, although his Honour wrote the judgment in the first case as a Judicial Commissioner. 5 Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 at . 6 Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 at  . 7 Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 at ; Ng Eng Ghee v Mamata Kapildev Dave  3 SLR(R) 109 at . 8 Ng Eng Ghee v Mamata Kapildev Dave  3 SLR(R) 109 at  and .
3 726 Singapore Academy of Law Journal (2014) 26 SAcLJ of several instances of bad faith on the SC s part in the collective sale process under s 84A(9)(a)(i) of the Land Titles (Strata) Act. 9 5 The dispute went all the way up before the Court of Appeal. In Ng Eng Ghee v Mamata Kapildev Dave 10 ( Ng Eng Ghee ), the Court of Appeal ruled in favour of the plaintiffs and set aside the collective sale order. The Court of Appeal found that, generally, a sale committee owes fiduciary duties qua agent to the subsidiary proprietors of a strata development in a collective sale. 11 In this case, the SC had breached its duties as fiduciary by, inter alia, deciding to sell the property when the two defendants, being key members of the SC leading the collective sale process, acted in undisclosed potential conflicts of interest arising from their purchase of the additional units Although the plaintiffs successfully resisted the collective sale, they failed to recover fully the substantial legal costs that were incurred in the protracted litigation. The plaintiffs therefore commenced fresh proceedings in Then Khek Koon to claim equitable compensation against the defendants, on the basis that the defendants breach of fiduciary duty had caused the plaintiffs to oppose the collective sale which resulted in them suffering losses in the form of unrecovered legal costs Coomaraswamy J dismissed the plaintiffs claims. He first held that the judgment in Ng Eng Ghee was binding the defendants owed the plaintiffs fiduciary duties 14 and had breached those duties. 15 The next question was whether the defendants breach had caused the plaintiffs losses. On this issue, Coomaraswamy J referred to his judgment in QAM, and proceeded to delineate three categories of claims based on the cases of Bristol and West Building Society v Mothew 16 ( Mothew ), Brickenden and Target Holdings Ltd v Redferns 17 ( Target Holdings ): 18 (a) Any fiduciary s liability for breaches of his duties of skill and care and of prudence and diligence are subject to the doctrines of foreseeability, causation and remoteness: Mothew. 9 Cap 158, 1999 Rev Ed. The said provision, which has since been amended to include the High Court in its ambit, provided that [t]he Board shall not approve an application made under subsection (1) if the Board is satisfied that the transaction is not in good faith. 10  3 SLR(R) Ng Eng Ghee v Mamata Kapildev Dave  3 SLR(R) 109 at  . 12 Ng Eng Ghee v Mamata Kapildev Dave  3 SLR(R) 109 at   and . 13 Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 at  and  . 14 Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 at . 15 Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 at . 16  Ch  1 AC Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 at .
4 Causation in Equitable Compensation: (2014) 26 SAcLJ Then Khek Koon v Samtani 727 (b) A fiduciary who is in one of the well-established categories of fiduciaries and who commits a culpable breach of his core duties of honesty and fidelity is liable to pay equitable compensation even if the object of those duties is unable to prove but-for causation: Brickenden. (c) A fiduciary who is in one of the well-established categories of fiduciaries and who causes loss to the trust property as a result of an innocent breach of his fiduciary duties is not liable to reconstitute the trust property unless the object of those duties is able to prove at least a but-for causal connection between the breach of fiduciary duty and the loss to the trust fund: Target Holdings. [emphasis added] 8 The present case fell under category (c) for two reasons. First, the novel sale committee/subsidiary proprietors fiduciary relationship was not a well-established category of fiduciary relationship. 19 Second, since the defendants did not actively conceal their additional purchases, they had not committed a culpable breach of core fiduciary duty. 20 Accordingly, the plaintiffs were required to prove that but for the defendants breach of fiduciary duty, their losses would not have occurred. The plaintiffs failed on this count as Coomaraswamy J found that they would have resisted the collective sale in any event. 21 In any case, the plaintiffs were barred from claiming their unrecovered costs from the defendants as equitable compensation, as the Court of Appeal in Ng Eng Ghee had already decided how the plaintiffs ought to be indemnified. 22 III. Comments A. Clarification of QAM 9 The preliminary observation to be made is that Coomaraswamy J s unequivocal judgment in Then Khek Koon helps to clarify some ambiguity in the earlier case of QAM. In QAM, a company successfully claimed, inter alia, equitable compensation against an ex-employee for losses caused by his wrongful diversion of business opportunities in breach of fiduciary duty. In the course of the judgment in QAM, it was stated that where Brickenden applies, it is still necessary for the principal to prove that the fiduciary s breach is in some way 19 Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 at . Without pursuing the point further, this appears to contradict the holding that category (c), just like category (b), is reserved for well-established categories of fiduciaries. 20 Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 at  and . 21 Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 at  . 22 See Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 at  and .
5 728 Singapore Academy of Law Journal (2014) 26 SAcLJ connected to the loss, even if it was simply to set the occasion for the loss 23 [emphasis added]. Immediately thereafter, however, it was held that even if the loss would occur in the absence of the fiduciary s breach, liability would attach under the Brickenden rule. 24 The issue became further clouded by suggestions elsewhere in QAM that Brickenden does not nullify the requirement of but-for causation. 25 Indeed, even though Brickenden was avowedly applied with full stringency on the facts of QAM, 26 Coomaraswamy J proceeded to undertake a close analysis to determine if the defendant had caused the plaintiff s losses on a but-for basis In any event, the more important questions at hand are whether the Brickenden rule should, in the first place, be imported into Singapore law, and if so, whether the formulation of the Brickenden rule in Then Khek Koon is sensible. It is to these questions that this case note now turns. B. Examining the Brickenden rule (1) Context in Brickenden 11 To begin with, is the Brickenden rule really an inflexible principle which applies regardless of the context? The Privy Council s precise holding in Brickenden, out of which the Brickenden rule is said to arise, is as follows: 28 When a party, holding a fiduciary relationship, commits a breach of his duty by non-disclosure of material facts, which his constituent is entitled to know in connection with the transaction, he cannot be heard to maintain that disclosure would not have altered the decision to proceed with the transaction, because the constituent s action would be solely determined by some other factor, such as the valuation by another party of the property proposed to be mortgaged. Once the court has determined that the non-disclosed facts were material, speculation as to what course the constituent, on disclosure, would have taken is not relevant. 23 Quality Assurance Management Asia Pte Ltd v Zhang Qing  3 SLR 631 at . 24 Quality Assurance Management Asia Pte Ltd v Zhang Qing  3 SLR 631 at . 25 See Quality Assurance Management Asia Pte Ltd v Zhang Qing  3 SLR 631 at  and  . It is also stated in the judgment s headnote that: [t]his case lay at the core, not the boundaries, of the Brickenden principle. Accordingly, the Brickenden principle did and should apply with full stringency, with the proviso that the legal burden of proving but for causation remained on the plaintiff throughout. [emphasis added] 26 Quality Assurance Management Asia Pte Ltd v Zhang Qing  3 SLR 631 at . 27 See Quality Assurance Management Asia Pte Ltd v Zhang Qing  3 SLR 631 at  , , ,  and . 28 Brickenden v London Loan & Savings Company of Canada  3 DLR 465 at .
6 Causation in Equitable Compensation: (2014) 26 SAcLJ Then Khek Koon v Samtani Notwithstanding the broad phraseology used, this key passage needs to be read in the light of the specific facts in the Brickenden litigation. In the Privy Council s condensed judgment, the given facts are that the respondent finance company advanced a loan to a mortgagor on the advice of the appellant solicitor without knowing that the appellant benefited personally from the transaction, in that the mortgagor was to use part of the loan to repay debts that he separately owed to the appellant. On the mortgagor s default, the respondent sought to recover its loss by claiming that the appellant breached his fiduciary duty in not disclosing his personal interest in the transaction. This account omits a piece of information which sheds important interpretive light on the Privy Council s holding: the Supreme Court of Canada had earlier doubted that the transaction could have been executed without the complicity of the respondent s directors, but the appellant had, curiously, refused to provide any evidence, whether to exculpate himself or to inculpate other parties This may explain why the Privy Council specifically emphasised its refusal to speculate on what the respondent company would have done if the appellant had disclosed his personal interest. 30 The appellant s breach was indispensable in the chain of causation, and only the directors defaults could constitute novus actus interveniens in this regard, however, no evidence was available before the court. Against this background, care should be taken when applying Brickenden where there is clear evidence that the fiduciary s disclosure would not have averted the principal s loss anyway. 31 (2) Current status of Brickenden in other jurisdictions 14 Compared to the position in Then Khek Koon, the courts in other jurisdictions have received Brickenden in much less stringent forms, albeit to varying degrees. In Australia, a precise and consistent formulation of the Brickenden rule assuming one can indeed be distilled from the Privy Council s judgment remains elusive, but it is at least clear that the courts eschew a strict reading of Brickenden. 32 It was 29 See Biggs v London Loan & Savings; London Loan & Savings Co v Brickenden  SCR 257 at ,  and . 30 This point was made in Beach Petroleum NL v Abbott Tout Russell Kennedy  NSWCA 408 at   and Nationwide Building Society v Balmer Radmore  PNLR 606 at Nationwide Building Society v Balmer Radmore  PNLR 606 at 663. See also Jamie Glister, Equitable Compensation in Fault Lines in Equity (Jamie Glister & Pauline Ridge eds) (Hart Publishing, 2012) ch 7, at p Matthew Conaglen, Remedial Ramifications of Conflicts between a Fiduciary s Duties (2010) 126 LQR 72 at 82.
7 730 Singapore Academy of Law Journal (2014) 26 SAcLJ roundly held in Beach Petroleum NL v Abbott Tout Russell Kennedy 33 that: 34 Brickenden is not authority for the general proposition that, in no case involving breach of fiduciary duty, may the court consider what would have happened if the duty had been performed. Likewise, it was categorically stated in Watson v Ebsworth & Ebsworth 35 that Brickenden does not negative the requirement for some proof of causation. 36 Even when Brickenden is purportedly accepted, the courts are quick to append the qualifier that Brickenden does not derogate from the need for the plaintiff to prove causation In England, after some earlier misgivings, 38 it is now accepted that Brickenden has not changed the fact that [t]here is no equitable bypass of the need to establish causation in claims for equitable compensation. 39 As held in Then Khek Koon, Target Holdings has established a but-for test 40 that applies regardless of whether the breach was innocent, negligent, or fraudulent 41 [emphasis added]. Even the apparent prohibition against speculation has diminished in theoretical 33  NSWCA Beach Petroleum NL v Abbott Tout Russell Kennedy  NSWCA 408 at , cited in Rigg v Sheridan  NSWCA 79 at . 35  VSCA Watson v Ebsworth & Ebsworth  VSCA 335 at . 37 See, eg, Short v Crawley (No 30)  NSWSC 1322 at  ; Hydrocool Pty Ltd v Hepburn  FCA 495 at  ; and Hodgson v Amcor Ltd  VSC 94 at  . 38 In Swindle v Harrison  4 All ER 705 at 717, Evans LJ had held that: the stringent rule of causation or measure of damages [in Brickenden] does not apply as regards breaches of equitable duties unless the breach can properly be regarded as the equivalent of fraud [emphasis added]. For a critique of this decision, see Yeo Tiong Min & Hans Tjio, Limited Liability for Breach of Fiduciary Duty (1998) 114 LQR 181 at and Charles Rickett, Compensating for Loss in Equity Choosing the Right Horse for Each Course in Restitution and Equity Volume One: Resulting Trusts and Equitable Compensation (Peter Birks & Francis Rose eds) (Mansfield Press, 2000) ch 10, at pp Swindle v Harrison  4 All ER 705 at 733. See Snell s Equity (John McGhee QC gen ed) (Sweet & Maxwell, 32nd Ed, 2010) at para and Philip H Pettit, Equity and the Law of Trusts (Oxford University Press, 12th Ed, 2012) at p See, however, Peter Millett, Equity s Place in the Law of Commerce (1998) 114 LQR 214 at and Peter Millett, Proprietary Restitution in Equity in Commercial Law (Simone Degeling & James Edelman eds) (Lawbook Co, 2005) ch 12, at pp , where Lord Millett wrote extra-judicially that Target Holdings Ltd v Redferns  1 AC 421 should be rationalised as a case which concerned the accounting of trust property and which therefore raised no question of causation. 41 Underhill and Hayton: Law Relating to Trusts and Trustees (David Hayton gen ed) (LexisNexis, 18th Ed, 2010) at para See also Collins v Brebner  Lloyd s Rep PN 587 at  .
8 Causation in Equitable Compensation: (2014) 26 SAcLJ Then Khek Koon v Samtani 731 and practical importance, as it has come to be recognised that, plainly, a defence is not mere speculation once evidence is adduced. 42 On this view, contrary to the far-reaching interpretation adopted in Then Khen Koon, Brickenden did not lay down any absolute rule at its core even though the opportunity was not taken up by the appellant on the unusual facts of Brickenden, it remains open for a defendant to convince the court to make reasonable hypotheses on the effect of disclosure through cogent evidence. 43 This interpretation of Brickenden was judicially accepted in Nationwide Building Society v Balmer Radmore, 44 where Blackburne J stated that: 45 nothing in the authorities compels [the court] to disregard any inference which, on the evidence, can properly be drawn as to what would have happened if the fiduciary had performed his duty. 16 Interestingly, this is also how Brickenden has been interpreted in Canada even though Brickenden was an appeal from that jurisdiction. In Hodgkinson v Simms, 46 Brickenden was simply cited as authority for: 47 the long-standing equitable principle that where the plaintiff has made out a case of non-disclosure and the loss occasioned thereby is established, the onus is on the defendant to prove that the innocent victim would have suffered the same loss regardless of the breach. For this purpose, La Forest J held that mere speculation on the part of the defendant will not suffice, but concrete evidence would Finally, a similar interpretation of Brickenden is, in principle, also adopted in New Zealand, 49 although a stricter approach prevails there in so far as a defendant must satisfy a higher standard of proof to establish that the plaintiff s loss would have occurred in any event. 50 This 42 J D Heydon, Causal Relationships between a Fiduciary s Default and the Principal s Loss (1994) 110 LQR 328 at 332. See also Denis S K Ong, Ong on Equity (The Federation Press, 2011) at p Yeo Tiong Min & Hans Tjio, Limited Liability for Breach of Fiduciary Duty (1998) 114 LQR 181 at  PNLR Nationwide Building Society v Balmer Radmore  PNLR 606 at  3 SCR Hodgkinson v Simms  3 SCR 377 at . 48 Hodgkinson v Simms  3 SCR 377 at . See also Jeff Berryman, Equitable Compensation for Breach by Fact-Based Fiduciaries: Tentative Thoughts on Clarifying Remedial Goals (1999) 37 Alberta Law Review 95 at 108 and Jamie Glister, Equitable Compensation in Fault Lines in Equity (Jamie Glister & Pauline Ridge eds) (Hart Publishing, 2012) ch 7, at pp See, eg, Everist v McEvedy  3 NZLR 348 at 355; Bank of New Zealand v New Zealand Guardian Trust Co Ltd  1 NZLR 664 at 687; and Maruha Corp v Amaltal Corp  3 NZLR 192 at . 50 Jamie Glister, Equitable Compensation in Fault Lines in Equity (Jamie Glister & Pauline Ridge eds) (Hart Publishing, 2012) ch 7, at p 162, citing Everist v McEvedy (cont d on the next page)
9 732 Singapore Academy of Law Journal (2014) 26 SAcLJ became more pronounced following Premium Real Estate v Stevens, 51 where Elias CJ expressly disagreed with the majority of the Supreme Court of New Zealand that the effect of Brickenden is to reduce the escape route of a defendant to a narrow one. 52 Be that as it may, the need for causation between the fiduciary s breach and the principal s loss remains. C. Formulation of the Brickenden rule in Then Khek Koon (1) Parameters of the rule: Presumption and assumption 18 It can therefore be seen that by removing even the need for butfor causation, Singapore has ascribed the strictest effect to Brickenden amongst the common law jurisdictions. The application of Brickenden here, however, is limited to a defined class of cases: it applies only if (a) the fiduciary is in one of the well-established categories of fiduciary relationships; (b) he commits a culpable breach; and (c) he breaches an obligation which stands at the very core of the fiduciary relationship. 53 Presumably, where the fiduciary is a non-trustee fiduciary, equity should be more forbearing. 54 Underlining the formulation is also the assumption that a defaulting fiduciary might not be morally blameworthy This manner of moderating the impact of Brickenden is unique to Singapore. Its genesis is interesting: when Brickenden was first accepted in QAM, Coomaraswamy J had referred to 56 a comment made 57 by the majority of the High Court of Australia in Maguire v Makaronis 58 ( Maguire ) to the effect that the strict rule under Brickenden may be appropriate when the fiduciary relationship in question is an indisputable one. However, it appears that save for one instance where it was mentioned fleetingly, 59 this part of Maguire has not been accorded any weight in later cases across the common law jurisdictions. On the  3 NZLR 348 at 356 and Taylor v Schofield Peterson  3 NZLR 434 at , where the courts held, respectively, that the defendant fiduciary has only a narrow escape route [emphasis added] and that he must prove that the principal would have acted in precisely the same manner [emphasis added]. See also Jamie Glister, Breach of Fiduciary Duty: Brickenden Lives On (2011) 5 Journal of Equity  2 NZLR See Premium Real Estate v Stevens  2 NZLR 384 at  and . 53 Quality Assurance Management Asia Pte Ltd v Zhang Qing  3 SLR 631 at . 54 Quality Assurance Management Asia Pte Ltd v Zhang Qing  3 SLR 631 at . 55 Quality Assurance Management Asia Pte Ltd v Zhang Qing  3 SLR 631 at ; Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 at . 56 See Quality Assurance Management Asia Pte Ltd v Zhang Qing  3 SLR 631 at . 57 See Maguire v Makaronis (1997) 188 CLR 449 at (1997) 188 CLR See O Halloran v R T Thomas & Family Pty Ltd  45 NSWLR 262 at 281.
10 Causation in Equitable Compensation: (2014) 26 SAcLJ Then Khek Koon v Samtani 733 contrary, the courts have stressed that Maguire expressed no concluded view on the authority and scope of Brickenden, 60 in recognition of the proviso in Maguire itself that Maguire does not provide any occasion for testing the reasoning in Brickenden 61 since causation was not a live issue. 62 (2) Some conceptual and practical difficulties 20 Leaving aside the different position in other jurisdictions, it is respectfully submitted that the formulation of the Brickenden rule in Then Khek Koon raises some conceptual and practical problems. First, why should well-established categories of fiduciary relationships be distinguished from those that are presumably not, given that they are all fiduciary relationships? It was emphasised in both QAM and Then Khek Koon that categories of fiduciaries are not closed, and the point seems to be that a defendant who unexpectedly finds himself in a fiduciary capacity deserves to be treated more leniently. However, whether the stringency of equity is warranted would already be determined when deciding whether fiduciary obligations should be imposed in the first place. Elsewhere, it has been said that fiduciary duties may arise either out of particular relationships per se or specific conduct between two parties 63 (which is slightly different from inquiring how novel 64 a fiduciary relationship is), but no remedial consequence turns on the distinction. Moreover, although much emphasis was placed on the differences between the sale committee/subsidiary proprietor and 60 See, eg, O Halloran v R T Thomas & Family Pty Ltd  45 NSWLR 262 at 276; Aequitas Ltd v AEFC Leasing Pty Ltd  NSWSC 14 at ; and BigTinCan Ltd v Ramsay  NSWSC 1248 at . 61 Maguire v Makaronis (1997) 188 CLR 449 at The impugned transaction in Maguire v Makaronis (1997) 188 CLR 449 was liable to be rescinded from the outset: see Maguire v Makaronis (1997) 188 CLR 449 at 467 and 472. Unlike claims for equitable compensation, which are loss-based, causation is irrelevant for the equitable remedy of rescission the latter operates on the basis that the fiduciary was disabled from entering into the impugned transaction in the first place: Snell s Equity (John McGhee QC gen ed) (Sweet & Maxwell, 32nd Ed, 2010) at para Ironically, it has been argued that Brickenden v London Loan & Savings Company of Canada  3 DLR 465 ( Brickenden ) applies only where the claimant is seeking rescission or an account of profits: see, eg, Swindle v Harrison  4 All ER 705 at 726; Gwembe Valley Development v Thomas Koshy  EWCA Civ 1048 at  ; Murad v Al-Saraj  EWCA Civ 959 at  ; White v Illawarra Mutual Building Society Ltd  NSWCA 164 at  ; and Ibrahim v Pham  NSWSC 246 at . However, this requires a strained reading of Brickenden given that the remedy sought and awarded in the case was compensation for loss: see Matthew Conaglen, Remedial Ramifications of Conflicts between a Fiduciary s Duties (2010) 126 LQR 72 at See LAC Minerals Ltd v International Corona Resources Ltd  61 DLR (4th) 14 at . 64 See Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 at  and .
11 734 Singapore Academy of Law Journal (2014) 26 SAcLJ trustee/beneficiary relationships, 65 it is not immediately clear why any resemblance or lack thereof between the two is ipso facto pivotal the trustee is the paradigm of a fiduciary, but the former does not in and of itself constitute any criteria in establishing a fiduciary relationship. 66 For one, company directors are not trustees, 67 but their fiduciary position vis-à-vis the company is irrefutable. In any event, it might be questioned if concerns over the novelty of a fiduciary relationship are warranted, given its distinctive hallmarks 68 and the courts guardedness against the imposition of fiduciary obligations in commercial transactions As a matter of practical application, it is not clear what the existing well-established categories of fiduciary relationships are, other than the employer/employee, trustee/beneficiary, director/company, principal/agent, solicitor/client relationships and that between partners. 70 Assuming that the list is not immutable, it is also unclear when a fiduciary relationship can be said to have become well established. For instance, is the sale committee/subsidiary proprietor relationship now in a well-established category after being affirmed in one more Court of Appeal judgment after Ng Eng Ghee? 71 A variety of relationships, which have not yet been considered locally, have been found to constitute fiduciary relationships in other jurisdictions 72 how should these categories be regarded by local courts? 22 Further, how should one distinguish between innocent and culpable breaches of the fiduciary duties of honesty and fidelity? By definition, breach of these duties entails dishonesty and infidelity short of exceptional situations such as judicious breaches of trust, 73 the 65 See Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 at . See also Quality Assurance Management Asia Pte Ltd v Zhang Qing  3 SLR 631 at . 66 See Hospital Products Ltd v United States Surgical Corp (1984) 55 ALR 417 at Regal (Hastings) v Gulliver  2 AC 134 at 159; Bairstow v Queens Moat Houses plc  EWCA Civ 712 at . 68 For instance, the element of trust and confidence: see, eg, Deutsche Bank AG v Chang Tse Wen  1 SLR 1310 at ; Bristol and West Building Society v Mothew  1 Ch at 18; and Robert Pearce et al, The Law on Trusts and Equitable Obligations (Oxford University Press, 5th Ed, 2010) at p See Tsun Hang Tey, Fiduciaries, Third Parties and Remedies Singapore s Perspectives and Contribution (2010) 24 TLI 234 at See Quality Assurance Management Asia Pte Ltd v Zhang Qing  3 SLR 631 at . 71 See N K Rajarh v Tan Eng Chuan  1 SLR 694 at  . 72 See, eg, O Sullivan v Management Agency & Music Ltd  QB 428 (manager and musician); Norberg v Wynrib  92 DLR (4th) 449 (doctor and patient); and Mathew v TM Sutton Ltd  1 WLR 1455;  4 All ER 793 (pawnbroker and pawnor). 73 See Armitage v Nurse  Ch 241 at 251.
12 Causation in Equitable Compensation: (2014) 26 SAcLJ Then Khek Koon v Samtani 735 fiduciary s conscience would necessarily be impugned. 74 In the present case, it was emphasised that the defendants did not actively hide the fact of their additional purchases, 75 which led to the conclusion that the defendants had merely committed an innocent breach at the lower end of the scale of culpability. 76 However, one might question if active concealment and passive non-disclosure could be meaningfully distinguished in those circumstances the defendants failure to disclose sufficed all the same to hide the fact of their additional purchases from the other subsidiary proprietors. It was stressed that the defendants had sought and relied on their solicitors advice, 77 but while Coomaraswamy J interpreted this fact favourably towards the defendants, it could just as well be construed as an indicator that the defendants were aware of the impropriety of their non-disclosure in the circumstances. 78 In any case, most of the evidence used to determine the culpability of the breach will often be supplied by the fiduciaries themselves in practice could the evidence, no matter its abundance, reliably resolve the issue? 23 No doubt, plaintiffs suing for breach of fiduciary duty will now be eager to rely on the Brickenden rule as formulated in Then Khek Koon to circumvent the causation requirement. By their very nature, these claims will invariably involve allegations of iniquitous conduct on the part of the defendants. So long as the defendant is a well-established fiduciary a requirement that will certainly be satisfied in the usual claims against company directors for breach of fiduciary duties a judge who finds a breach made out may need to resort to some degree of artificial reasoning as to the defendant s state of mind to bring the case out of the Brickenden category. 24 Finally, another reason for Coomaraswamy J s strict interpretation of Brickenden is the perceived need to enforce equity s 74 See Charles Rickett, Compensating for Loss in Equity Choosing the Right Horse for Each Course in Restitution and Equity Volume One: Resulting Trusts and Equitable Compensation (Peter Birks & Francis Rose eds) (Mansfield Press, 2000) ch 10, at p 186. Cf Murad v Al Saraj  EWCA Civ 959 at  and , where Arden and Parker LJJ suggested that honest and dishonest fiduciaries can be distinguished through fact-sensitive inquiries. 75 Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 at . 76 Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 at . 77 Then Khek Koon v Arjun Permanand Samtani  1 SLR 245 at . 78 See Bhullar v Bhullar  EWCA Civ 424 at : The anxiety which the appellants plainly felt as to the propriety of purchasing the property through Silvercrest without first disclosing their intentions to their co-directors anxiety which led Inderjit to seek legal advice from the company s solicitor is, in my view, eloquent of the existence of a possible conflict of duty and interest. See also Matthew Conaglen, Strict Fiduciary Loyalty and Accounts of Profits (2006) 65 CLJ 278 at
13 736 Singapore Academy of Law Journal (2014) 26 SAcLJ central tenets of prophylaxis and deterrence against errant fiduciaries. 79 As it is, however, Target Holdings and Mothew have established a two-tiered approach in establishing liability for a fiduciary s breach of duties. 80 In this regard, the but-for test under Target Holdings already constitutes a plaintiff-friendly 81 rule which gives effect to the view that breach of fiduciary obligations ought to be treated with especial severity. 82 In considering whether a stricter third category under the rubric of Brickenden is necessary or desirable, it may be prudent to bear in mind that, as one commentator astutely cautioned, it is one thing to strip a fiduciary of profit without much inquiry; it is another to hold him accountable for all loss without inquiry into relative causes. 83 IV. Conclusion 25 As attested to by the judicial and academic ink that has been spilt in other jurisdictions, Brickenden is a perplexing authority. This case note has argued that the importation of Brickenden into Singapore law and the formulation of the Brickenden rule in Then Khek Koon should, with respect, be reconsidered. It is understood that Then Khek Koon is going on appeal. As the law on equitable compensation in 79 Quality Assurance Management Asia Pte Ltd v Zhang Qing  3 SLR 631 at   and . 80 See Joshua Getzler, Am I My Beneficiary s Keeper? Fusion and Loss-Based Fiduciary Remedies in Equity in Commercial Law (Simone Degeling & James Edelman eds) (Lawbook Co, 2005) ch 10, at p 251. However, this dualist approach is itself an issue of some controversy. For instance, it has been criticised for relaxing the prophylactic pressures on the duties of skill, care and diligence: see Joshua Getzler Equitable Compensation and the Regulation of Fiduciary Relationships in Restitution and Equity Volume One: Resulting Trusts and Equitable Compensation (Peter Birks & Francis Rose eds) (Mansfield Press, 2000) ch 13, at pp ; J D Heydon, Are the Duties of Company Directors to Exercise Care and Skill Fiduciary? in Equity in Commercial Law (Simone Degeling & James Edelman eds) (Lawbook Co, 2005) ch 9, at p Charles Rickett, Compensating for Loss in Equity Choosing the Right Horse for Each Course in Restitution and Equity Volume One: Resulting Trusts and Equitable Compensation (Peter Birks & Francis Rose eds) (Mansfield Press, 2000) ch 10, at p Joshua Getzler Equitable Compensation and the Regulation of Fiduciary Relationships in Restitution and Equity Volume One: Resulting Trusts and Equitable Compensation (Peter Birks & Francis Rose eds) (Mansfield Press, 2000) ch 13, at p J D Heydon, Causal Relationships between a Fiduciary s Default and the Principal s Loss (1994) 110 LQR 328 at 332. The Court of Appeal in Mona Computer Systems (S) Pte Ltd v Singaravelu Murugan  1 SLR 847 at  affirmed that an account of profits, in contradistinction to equitable compensation, is unrelated to whether the fiduciary s conduct has caused any loss to the principal. See Tan Ruo Yu, Equitable Allowance in Account of Profits: Mona Computer Systems (S) Pte Ltd v Singaravelu Murugan  SGCA 63 Singapore Law Watch Commentary (February 2014) at pp 5 6.
14 Causation in Equitable Compensation: (2014) 26 SAcLJ Then Khek Koon v Samtani 737 Singapore has been in an unsettled state for some years, 84 it is hoped that the Court of Appeal will provide an authoritative re-examination of this area of the law. 84 See Tan Sook Yee & Kelvin Low Fatt Kin, Equity and Trust (2004) 5 SAL Ann Rev 260 at 271, para
Trustees liability 8.0 /35 Trustees liability /8.1 Target Holdings v Redferns (1996) House of Lords Extent of trustees liability for equitable relief A finance company instructed a firm of solicitors to
01 technical spandeck SPANDECK ENGINEERING V DEFENCE SCIENCE AND TECHNOLOGY AGENCY This article focuses on the impact of the case of Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency
Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza
Equitable Compensation Workshop Company Directors liability for Equitable Compensation Michael Green QC Fountain Court Chambers Remedies against company directors for breach of duty Section 178 Companies
B a n k i n g a n d F i n a n c e B u l l e t i n M a y 2 0 1 4 T h e H i g h T h r e s h o l d o f P r o v i n g U n c o n s c i o n a b l e C a l l s o n P e r f o r m a n c e B o n d s S a n d r a H
Fiduciary relationships and constructive trusts in a commercial context Panesar, S. Published version deposited in CURVE March 2012 Original citation & hyperlink: Panesar, S. (2005) Fiduciary relationships
CASE COMMENT by Craig Gillespie and Bottom Line Research On June 29, 2012 the Supreme Court of Canada released Clements v. Clements,  7 W.W.R. 217, 2012 SCC 32, its latest in a series of judgements
Investing in Infrastructure International Best Legal Practice in Project and Construction Agreements January 2016 Damian McNair Partner, Legal M: +61 421 899 231 E: email@example.com Performance
THE LIMITS OF SUBROGATION 1. What is subrogation? a. Insurers right to take advantage of claims against third parties. b. There are two limbs to the doctrine: i. the right to step into the shoes of the
Third Party Costs Orders against Solicitors 1. This article discusses the rise in applications against solicitors for third party costs orders, where solicitors have acted on conditional fee agreements
10 S.Ac.L.J. Damages in Negligent Valuation Actions 217 DAMAGES IN NEGLIGENT VALUATION ACTIONS 1. INTRODUCTION This article focuses on the position of valuers and solicitors in the particular context of
Supreme Court delivers judgment in the Employers' Liability Trigger Litigation On 28th March 2012, the Supreme Court handed down judgment in BAI (Run Off) Limited v Durham  UKSC 14, the test-cases
The Duty of Solicitors to Give Tax Advice - A Rebuttal of the Reply HE Editor has kindly provided me with the opportunity to respond to the T reply written by a correspondent to my article 'The Duty of
Neutral Citation Number:  EWHC 2668 (QB) IN THE HIGH COURT OF JUSTICE QUEEN S BENCH DIVISION BEFORE: Case No: QB/2013/0325 Royal Courts of Justice Strand, London, WC2A 2LL 31 July 2013 HIS HONOUR
Causation in Equitable Compensation Case Comment Aleksi Ollikainen Subject: Trusts. Other related subjects: Equitable compensation. Keywords: Breach of trust, equitable compensation, trustees liability
ETHICAL SCENARIO #3 I. FACT PATTERN A Saskatchewan law firm ( SK Firm LLP ) acts on behalf of an out of province (e.g. national) corporation (the Corporation ). SK Firm LLP s role has been solely to file
In the Court of Appeal of Alberta Citation: Dickson v. Poon Estate, 1982 ABCA 112 Between: Matthew C. Dickson, Diana Davidson and the City of Edmonton - and - Johnny Poon, executor of the estate of Joseph
Persistent problems with the objective dishonesty test The cases following the admirably clear decision in Barlow Clowes v Eurotrust have proved themselves broadly incapable of applying the equally admirably
LIMITATION UPDATE 1. Recently, the Courts have been looking at three areas of limitation law and practice. One is when it is permissible to introduce a new claim in pending proceedings after the limitation
Limiting liability for professional firms Introduction Disputes can arise between providers of professional services and their clients or other (third) parties for a number of reasons. Limiting or excluding
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 firstname.lastname@example.org When NJ Banks Are Liable For 3rd-Party Fiduciary Breach
Rights of a beneficiary to information concerning a Jersey trust What are the principles governing the scope of the information and documents to which a beneficiary of a Jersey trust is normally entitled?
JERSEY GUERNSEY LONDON MAURITIUS BVI SINGAPORE JERSEY BRIEFING February 2004 Beneficiaries' rights to trust information in the light of Schmidt v Rosewood Trust Limited The decision of the Privy Council
TWO IMPORTANT CASES WELLESLEY PARTNERS LLP the test of remoteness. At first sight Wellesley Partners LLP v Withers LLP  EWCA Civ 1146 is just another slightly dreary solicitors negligence case where
CHAPTER 5 THE GOVERNMENT PROCEEDINGS ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title PART I PRELIMINARY PROVISIONS 1. Short title. 2. Interpretation. PART II SUBSTANTIVE LAW 3. Liability
TORTS SUMMARY LAWSKOOL SINGAPORE Table of Contents Sources Used...4 1. INTRODUCTION TO NEGLIGENCE...5 2. DUTY OF CARE...6 2.1 Introduction & Development of Duty of Care...6 3. DUTY OF CARE- Kinds of Harm...10
QBE European Operations Professional liability Disclosure of insurance details revisited QBE Professional Liability Disclosure of insurance details revisited/november 2013 1 Disclosure of insurance details
Case 1:08-cv-06957 Document 45 Filed 10/19/2009 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ROBERT F. CAVOTO, ) ) Plaintiff, Counter-Defendant,
WHAT=S THE DEAL WITH GENERAL AND SPECIAL DAMAGES? By William E. McNally and Barbara E. Cotton 1 There are times in a civil trial lawyer=s life when he or she must know the difference between general and
Alerter Banking, Finance and Consumer Credit 3 June 2015 Summary Disposal of Unfair Relationships Claims: Axton & Axton v GE Money Mortgages Limited and another  EWHC 1343 By Judgment on appeal 1.
Australian Proportionate Liability Regime May 2014 16 NOVEMBER 2011 Curwoods Lawyers Australia Square Plaza Building Level 9, 95 Pitt Street SYDNEY NSW 2000 t +61 2 9231 4166 f +61 2 9221 3720 CURWOODS
Claims as Commodities Paying for Claims Robert Marven It is now established that any private law right of action (eg claim in tort, for breach of contract, in restitution, or claim for property) is a chose
Hypothesis: Disability Income Replacement The Importance of Disclosure and The Duty of Care Banff School August 18, 2010 It is the duty of an agent to recommend insurance that is suitable for the client
Termination of Contract: A practical guide on when and how to terminate a contract and common mistakes Simon Chapple Barrister 13 th Floor St James Hall Adjunct Fellow, School of Law University of Western
Directors Duties The Companies Act 2014 (the Act ), for the first time, codifies directors duties, drawing together both existing statutory rules on transactions involving directors and also the various
LIMITATION OF CERTAIN ACTIONS ACT CHAPTER 7:09 Act 36 of 1997 Amended by 2 of 2000 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1 18.. L.R.O. 2 Chap. 7:09 Limitation of Certain Actions
Combar/CLLS Guidance note on the Agreement for the Supply of Services by a Barrister in a Commercial Case Introduction... 2 Background... 2 Entering into an agreement incorporating the Terms... 3 The Services...
Industry Briefing Paper Brokers and Agents in the Australian Grain Industry The Difference and the Implications Important Notice: This briefing paper is not in the nature of legal or financial advice and
Directors Duties During Insolvency (2nd ed) by Allens Arthur Robinson: 2007, Thomson Lawbook Co., ISBN 9780455223490. Pages: 349. Price: $135, softcover. and Company Directors Responsibilities to Creditors
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit WILLIAM MOSHER; LYNN MOSHER, Plaintiffs - Appellants, FOR THE TENTH CIRCUIT November 19, 2014 Elisabeth A. Shumaker Clerk
MEDICAL NEGLIGENCE ANNUAL CASE REVIEW MEDICAL NEGLIGENCE 2009/2010 Ian Butcher, barrister 1 GETT V TABET (2010) 265 ALR 227 No damages for loss of chance for personal injury following negligence Need for
Neutral Citation Number:  EWCA Civ 415 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM BRISTOL COUNTY COURT (HIS HONOUR JUDGE DENYER QC) A2/2014/0127 Royal Courts of Justice Strand London,
The Fiduciary Exception to the Attorney-Client Privilege and Its Application in Litigation by George O. Peterson I. INTRODUCTION Trusts and estates attorneys who represent fiduciaries may have little occasion
IN THE SUPREME COURT OF TEXAS 444444444444 NO. 11-0425 444444444444 PETROLEUM SOLUTIONS, INC., PETITIONER, v. BILL HEAD D/B/A BILL HEAD ENTERPRISES AND TITEFLEX CORPORATION, RESPONDENTS 4444444444444444444444444444444444444444444444444444
 JMCA Civ 37 JAMAICA IN THE COURT OF APPEAL SUPREME COURT CIVIL APPEAL NO 41/2007 BEFORE: THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN
AGGREGATION OF CLAIMS AGAINST SOLICITORS AND SURVEYORS INTRODUCTION 1. In common with other professional indemnity risks, solicitors and surveyors professional indemnity insurance cover is written on a
November 2013 JONES DAY COMMENTARY GPT Class Action Settlement Raises Concerns about Legal and Funding Fees Charged in Australian Class Actions Key Points The 7 November 2013 and 21 June 2013 judgments
NEGLIGENT SETTLEMENT ADVICE Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice. The standard of care owed by a solicitor to his client has been established for
ANALYSIS: SCOTLAND & REAST V BRITISH CREDIT TRUST LTD BY THOMAS SAMUELS Analysis: Scotland & Reast v British Credit Trust Ltd By Thomas Samuels Barrister, Gough Square Chambers PAYMENT PROTECTION INSURANCE
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES D. FOWLER, ) ) Plaintiff, ) ) v. ) Case No.: 08-cv-2785 ) UNITED STATES OF AMERICA, ) Judge Robert M. Dow,
PROFESSIONAL NEGLIGENCE AND PURCHASES OF PROPERTY IN JOINT NAMES By Elizabeth Darlington 1. The purpose of this article is to consider the increasingly common situation where purchasers buy property in
Recent changes to the Home Building Act, 1989 and Home Warranty Insurance David Andrews and Colin Grace Grace Lawyers Pty Ltd a legislative scheme intended to provide significant rights to consumers in
FIDUCIARY DUTIES IN CASE OF A TROUBLED START UP COMPANY PRESENTATION TO CORONADO VENTURES FORUM March 18, 2004 1. Fiduciary Duty to Creditors. Craig M. Tighe Gray Cary Ware & Freidenrich LLP a. General
Claim shall mean each Claim or series of Claims (whether by one or more than one Claimant) arising from or in connection with or attributable to any one act, error, omission or originating cause or source
Recent Developments in Indemnities The Supreme Court of Queensland recently reaffirmed the approach previously adopted by courts with respect to the interpretation of indemnity clauses. The decision in
IN THE WEST LONDON COUNTY COURT Case No: BETWEEN: XXXXX XXXXX Claimant and LOWELL FINANCIAL LIMITED t/a RED DEBT COLLECTION SERVICES Defendant PARTICULARS OF CLAIM 1. The Claimant is a company director
****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal
CHIEF JUSTICE STEELE S POSITION CONCERNING THE APPLICATION OF DELAWARE COMMON LAW FIDUCIARY RULES TO DELAWARE LIMITED PARTNERSHIPS AND LLCs AN LLC PRACTITIONER S RESPONSE By John M. Cunningham 1 I. INTRODUCTION
Corporate Law practice questions Question 2 2. Clutch plc is a car supermarket company. Ann, Bob, Dotty, Evan and Frank are its directors. Ann is the Operations Director, Bob is the Purchasing Director,
Contents French v Carter Lemon Camerons LLP 1 Excelerate Technology Limited v Cumberbatch and Others 3 Downing v Peterborough and Stamford Hospitals NHS Foundation Trust 5 Yeo v Times Newspapers Limited
Global Guide to Competition Litigation Poland 2012 Table of Contents Availability of private enforcement in respect of competition law infringements and jurisdiction... 1 Conduct of proceedings and costs...
KEMP & KEMP PRACTICE NOTES: INSOLVENT DEFENDANTS PART II SIMON EDWARDS 1. In the September issue of Kemp News I dealt with the mechanics of starting or continuing proceedings against an insolvent defendant.
BRITISH VIRGIN ISLANDS CIVIL APPEAL NO.10 OF 2002 BETWEEN: IN THE COURT OF APPEAL SPARKASSE BREGENZ BANK AG and In The Matter of ASSOCIATED CAPITAL CORPORATION Appellant Respondent Before: His Lordship,
Ontario s Amended Rules of Professional Conduct Bruce Blain Toronto Symposium June 5, 2014 FLSC Model Code of Professional Conduct 2004 - initiative to create uniform ethical and professional conduct standards
BRIEFING AN END TO BEING KNOCKED OUT ON PENALTIES? NOVEMBER 2015 ON 4 NOVEMBER 2015 THE RULE AGAINST PENALTIES IN COMMERCIAL CONTRACTS CAME UNDER THE SCRUTINY OF A SEVEN JUDGE PANEL OF THE SUPREME COURT.
Case Note by Paul Ryan February 2014 Settlement Group Pty Ltd v Purcell Partners  VSCA 370 Catchwords: Mortgages Real property Refinancing Multiple mortgages to be refinanced Concurrent transactions
GITC REVIEW VOL.XIII NO.1 ~ DECEMBER 2014 BACK TO BASICS: TAX AND PROFESSIONAL NEGLIGENCE by Michael Thomas It is a sobering thought that those of us who give tax advice are potentially one slip away from
SPAA SMSF NATIONAL CONFERENCE, BRISBANE 23-25 February 2011 PROFESSIONAL NEGLIGENCE 23 February 2011 The Hon Sir Anthony Mason AC KBE * Introduction 1. My remarks this morning, which are directed to the
COURT FILE NO.: 4022A/07 (Milton) DATE: 20090401 SUPERIOR COURT OF JUSTICE - ONTARIO RE: 1562860 ONTARIO LTD. c.o.b. as SHOELESS JOE S Plaintiff v. INSURANCE PORTFOLIO INC. and CHRISTOPHER CONIGLIO Defendants
AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and
ASBESTOS CLAIMS AND LITIGATION PFIZER, INC. V. LAW OFFICES OF PETER G. ANGELOS CASE ANALYSIS: PARENT COMPANYASBESTOS LIABILITY July, 2013 ALRA Group Members http://alragroup.com / I. Introduction (F. Grey
insurance specialists The need to establish reliance in a shareholder claim for misleading and deceptive conduct April 2012 Wotton + Kearney Insurance Lawyers Sydney Written by: Patrick Boardman, Partner
RENDERED: MARCH 13, 2015; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2014-CA-000056-MR RAMONA SPINKS, EXECUTRIX OF THE WILL OF BENJAMIN SPINKS, DECEASED APPELLANT APPEAL
Revenue Law Journal Volume 13 Issue 1 Article 9 January 2003 An Analysis of the Concepts of 'Present Entitlement' Anna Everett Bond University Follow this and additional works at: http://epublications.bond.edu.au/rlj
IN THE MALAWI SUPREME COURT OF APPEAL AT BLANTYRE MS CA CIVIL APPEAL NO, 1 OF 2000 (Being High court Civil Cause No. 889 of 1999) BETWEEN: AIR MALAWI LIMITED......APPELLANT - and - THE OMBUDSMAN... RESPONDENT
LAW OF DAMAGES MEDICAL NEGLIGENCE CAUSE OF ACTION AND COMMENCEMENT OF PRESCRIPTION Truter and Venter v Deysel  SCA 17 (RSA) 1 Introduction This judgment by Van Heerden JA (Harms, Zulman, Navsa and
Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying
This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher s duty in compliance with the law, for publication in LawNet and/or the Singapore
HOLD HARMLESS, INDEMNITY, SUBROGATION AND ADDITIONAL INSURED INSURANCE IN TRANSPORTATION CONTRACTS By James W. Bryan Nexsen Pruet P.L.L.C. Greensboro, North Carolina 336-373-1600 email@example.com
6 CONTENTS Introduction 570 Current law 570 Community responses 571 The Commission s views and conclusions 573 569 Introduction 26.1 This chapter deals with the ability of substitute decision makers to
CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title 1. Short title and application. 2. Interpretation. PART I PRELIMINARY
Directed Trusts: Delaware v. Florida Fiduciary Forum September 16, 2014 Thornton Hoelle Managing Director firstname.lastname@example.org 305.349.2371 Elisa Shevlin Rizzo Managing Director Trust Counsel email@example.com
THE RIGHTS AND DUTIES OF MORTGAGEES IN POSSESSION AND RECEIVERS Thomas Jefferies 1. The standard remedy of mortgagees where a residential borrower is in default is to seek possession, and sell the property.
Post Employment Competition and Customer Solicitation by David W. Buchanan, Q.C. Clark Wilson LLP tel. 604.687.5700 www.cwilson.com TABLE OF CONTENTS I. RESTRICTIVE COVENANTS...1 II. THE FIDUCIARY RELATIONSHIP...2