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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: singapore supreme court Page 1 of about 77 results (0.015 seconds)

Jun 06 2014 (FN)

Abani Trading Pte Ltd. Vs. Bnp Paribas and Another

Court : Singapore Supreme Court

..... overseas bank is often cited for the proposition that the court's discretion on costs orders may be circumscribed or even excluded by such contractual indemnity provisions. for instance, the learned author in jeffrey pinsler, principles of civil procedure (academy publishing, 2013) at para 26.003 commented that ..... by the parties. in this regard, the defendants opposed the application for variation "on the sole basis that the plaintiff's contractual entitlement to indemnity costs had not been pleaded in the amended statement of claim" (dbs bank (hong kong) limited at [4]). 88. in recognising that ..... . furthermore, in its opening statement filed on 18 january 2013, bnp had expressly stated that it would be seeking costs on an indemnity basis pursuant to the relevant contractual provisions governing the banking relationship between both parties. that being so, i cannot agree with the dj ..... any of the foregoing against any and all losses, damages, reasonable costs and expenses (including but not limited to legal costs on a full indemnity basis), charges, actions, suits, proceedings, orders, warrants, injunctions, claims or demands which may be brought against any of them or which any ..... indemnity costs on the following grounds: (a) clause 11.4 of the stc was a material fact which ought to have been pleaded by bnp. (b) clause 11.4, on a true construction, only applied to claims brought by third parties. on this basis, it should not be applicable in the present case where abani, a contracting .....

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Apr 16 2014 (FN)

Cifg Special Assets Capital I Ltd. (Formerly Known as Diamond Kendall ...

Court : Singapore Supreme Court

..... conduct of defence: if any action, proceeding, claim or demand (including a governmental investigation) shall be instituted involving any of the indemnified parties in respect of which indemnity may be sought pursuant to clause 12.1, such indemnified party shall promptly notify the issuer and the initial shareholders in writing and the issuer and the initial shareholders shall ..... , officers and employees (the "indemnified parties") harmless from and against any claims, damages, deficiencies, losses, costs, liabilities and expenses (including legal fees and disbursements on a full indemnity basis) directly or indirectly caused to the indemnified parties and in particular, but without prejudice to the generality of the foregoing, for any short-fall, depletion or diminution in value ..... arising from a breach of any term or condition of the agreement. as clearly stated in its heading, clause 12.1 is a "general indemnity" clause. there is nothing unusual for commercial contracts, such as the present bond subscription agreements, to include such general indemnity clauses whereby one party can seek compensation from the other party either for breach of ..... contract or for failure to perform the contract properly on the part of the latter or a third party (as in this case). 33. i am also not in agreement with the defendants' .....

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Apr 10 2014 (FN)

Columbia Asia Healthcare Sdn. Bhd. and Another Vs. Hong HIn Kit Edward ...

Court : Singapore Supreme Court

..... is logical. it is only when a third party establishes that it is an intended beneficiary of the contract that the burden then shifts, under the second limb, to the party giving the indemnity or warranty ("the warranting party"), to show that notwithstanding that the third party is an intended beneficiary, ..... owes the sum to thermal industries, the hongs are not liable to indemnify columbia. 319. the hongs' defence to columbia's claim for an indemnity has shifted almost completely since the start of these proceedings. in their initial third- party defence, the hongs pleaded that they as vendors had complied ..... on ptnm. on the other hand, the actual tax exposures were liabilities that had already been imposed on ptnm. columbia therefore claimed a full indemnity from the hongs for the actual tax exposures. columbia acknowledged that there was a substantial overlap in both these claims. if the former claim was ..... 861 and 862. should ptnm be found liable in suits 861 and 862, ptnm and columbia brought third-party proceedings against the hongs for indemnities provided by them as vendors under the ssa. 7. in suit 861, ptnm also counterclaimed against thermal industries for damages to be assessed for ..... the parties to the contract did not intend the term to be enforceable by the third party. it is .....

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Feb 26 2014 (FN)

Ks Energy Services Ltd. Vs. Br Energy (M) Sdn Bhd

Court : Singapore Supreme Court

..... 6.6 bre shall indemnify [kse] against all claims, proceedings, liabilities, losses, damages, costs and expenses (including legal costs on a full indemnity basis) arising in connection with the charter agreement and the [pcsb contract] and their respective performance. [emphasis added in bold italics and underlining] it is this "all reasonable endeavours" provision in clause 6.2 ..... guidance on the prima facie meaning of similar phrases when they are used in documents that are intended to have legal effect. this is especially so because the contracting parties would have taken into account the general law in reaching their agreement. furthermore, attributing such prima facie meanings to similar phrases (ie, phrases similar to ..... a general obligation to conduct themselves in accordance with an ascertainable standard of commercial behaviour. to address this lacuna, express "endeavours" clauses are often introduced into written contracts to regulate the parties' obligations. however, as will be seen, notwithstanding the relative prevalence of such clauses, there remains a degree of uncertainty as to what legal ..... provision might satisfy its obligations in the face of dynamic (and often unforeseen) circumstances, unfamiliar settings and sometimes intransigent third parties. "endeavours" clauses are often found in contracts, but infrequently considered by the courts here. to facilitate our discussion of these clauses, we shall, where appropriate in this judgment, refer to: (a) a party .....

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Jan 02 2014 (FN)

Defu Furniture Pte Ltd. Vs. Rbc Properties Pte Ltd.

Court : Singapore Supreme Court

..... available to indemnify the rescinding party only against losses suffered as a result of performing its obligations under the rescinded contract. the plaintiff can therefore recover its losses under [152] under such an indemnity only to the extent that it can prove that it incurred those losses in performing its obligations under the sub-lease. with respect to the largest of ..... [152] above. 155. the plaintiff, as part of its alternative case in innocent misrepresentation, argues that it can recover all these sums from the defendant by way of an indemnity in equity, granted as a supplement to an order for rescission in order to achieve true restitutio in integrum. the plaintiff relies for this submission on forum development pte ltd ..... the burden under (d), is the plaintiff nevertheless entitled to relief for the defendant's innocent misrepresentation, namely rescission of the letter of offer and sub lease, coupled with an indemnity in equity? (f) if the defendant cannot discharge the burden under (d): to what relief is the plaintiff entitled and on what measure? (g) alternatively, did the defendant ..... 75. the plaintiff argues in the alternative that if the defendant's misrepresentation was innocent rather than negligent, the plaintiff is still entitled to relief, namely rescission coupled with an indemnity in equity in respect of all its losses to achieve true restitutio in integrum. 76. alternatively, the plaintiff claims that the defendant was in repudiatory breach of the letter of .....

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Apr 30 2014 (FN)

Ho Kang Peng Vs. Scintronix Corp Ltd.

Court : Singapore Supreme Court

..... very company itself, he cannot evade his responsibility by attempting to hide behind the cloak of corporate immunity. apart from this, he may also face issues of liability and or indemnities apropos his fellow directors, shareholders, auditors and third parties. in appropriate cases, the cloak of corporate immunity will be readily lifted by the court. creative accounting of a ..... a whole (ie, the unanimous consent rule). secondly, general rules of attribution (which are equally available to natural persons), comprising the principles of agency which allow for liability in contract for the acts done by other persons within their actual or ostensible scope of authority, and vicarious liability in tort. thirdly, "special rules of attribution" fashioned by the court ..... intercourse which depends upon the integrity of company accounts and financial statements. 40. with these principles in mind, the question is whether a director who creates a sham contract and makes unauthorised and irregular payments out of the company's funds for the purpose of securing business for the company, can be said to be acting bona fide ..... was found to have breached his fiduciary duties by failing to seek the approval of the company's board of directors ("the board") for the remuneration packages of certain contracted advisors and by authorising payments to a taiwanese company known as bontech enterprise co ltd ("bontech"). these payments were made pursuant to a supposed consulting agreement between the company .....

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Dec 18 2013 (FN)

Tan ChIn Yew Joseph Vs. Saxo Capital Markets Pte Ltd.

Court : Singapore Supreme Court

..... win. nor are these necessarily the only situations where the jurisdiction may be exercised; the discretion is not to be fettered or circumscribed beyond the requirement that taxation on an indemnity basis must be 'appropriate'. the english court of appeal approved these dicta in munkenbeck and marshall (a firm) v mcalpine (1995) 44 con lr 30 at 33. the recent ..... a deadline for booking the funds into a client's account which varies from day to day with the particular circumstances of each client. implying such a term gives the contract commercial absurdity rather than commercial efficacy. i would expect the plaintiff, with his background in the financial services sector, to understand that. the defendant included cl 5.1 in ..... his position changed over the course of the proceedings: (a) in his pleadings, the plaintiff alleged that by closing out his positions, the defendant breached the express terms of the contract to act according to his instructions. the plaintiff abandoned this allegation in his closing submissions. (b) in his pleadings, the plaintiff alleged that the defendant negligently handled his funds at ..... -only services to its clients through its electronic trading platform at discounted brokerage fees. the financial products which the defendant enables its clients to trade in this way include futures contracts for commodities such as precious metals. the plaintiff opens a trading account 5. on 18 may 2011, the plaintiff walked into the defendant's office in raffles place to .....

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May 30 2014 (FN)

Indian Overseas Bank Vs. Svil Agro Pte Ltd and Others

Court : Singapore Supreme Court

..... "); (b) the third and fourth defendants were to execute personal guarantees for $26.6m with interest, costs and charges ("the personal guarantees"); and (c) the company had to provide an indemnity. 5. the offer was accepted by the company on 7 october 2010. on the same day, a process agent, mr chan chun hwee allan, was appointed by the third and ..... corporate guarantee, the second defendant also agreed to indemnify the plaintiff against all costs incurred in enforcing the guarantees. the principal sums owed 6. subsequently, the company entered into several contracts for the purchase of soya-related commodities from louis dreyfus commodities asia pte ltd ("louis dreyfus"). to pay for these commodities, the company drew down on the facility and incurred .....

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Apr 08 2014 (FN)

Lek Gwee Noi Vs. Humming Flowers and Gifts Pte Ltd.

Court : Singapore Supreme Court

..... brokers (western) inc (2009) 1 scr 157 ("shafron"). in shafron, the employee sold his insurance agency to the employer, who thereafter employed him under an employment contract. that contract contained a restrictive covenant by which the employee agreed that, for three years after leaving his employer, he would not compete with it within the "metropolitan city of vancouver ..... man financial at [72]. thus, a restrictive covenant must be construed bearing in mind the circumstances which the parties reasonably contemplated at the time they entered into the contract. this principle has both a positive and a negative consequence. the positive consequence is that if a restrictive covenant is reasonable as between the parties bearing in mind ..... spa that they each sign a new employment agreement with the defendant (see [11] above). it is also telling that the restrictive covenants found in the employment contracts of humming house's shareholders were prepared separately and contained different provisions from those in the plaintiff's employment agreement. this supports the view that the plaintiff's restrictive ..... into a threshold question for determining whether a restrictive covenant is enforceable. the true threshold question is not the character in which the covenantee and the covenantor have contracted. the true threshold question always is whether the restrictive covenant is aimed at protecting a legitimate interest of the covenantee as against the covenantor. the question of categorisation .....

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Mar 18 2014 (FN)

Ong and Ong Pte Ltd. Vs. Fairview Developments Private Limited

Court : Singapore Supreme Court

..... of litigation by equal measures of a "carrot" and "stick". the court elaborated (at 724(c)): ... relevantly, the "carrot" is the promise of indemnity costs to a plaintiff in the event that the defendant is found unreasonably to have refused an offer of compromise. the "stick" is the threat of the penalty ..... they are entitled to and on the part of the defendants, to make reasonable offers, on pain of having to bear the costs on the indemnity basis if they should persist in their exaggerated claims or maintain their unreasonable position (in respect of an offer from the plaintiff). the order seeks ..... compromise, to give serious thought to the risk which it may run of losing the proceedings and then being ordered to pay costs on an indemnity basis. 47. the same rationale was expressed in victoria. in mutual community ltd v lorden holdings pty ltd and others (unreported, sc (vic), no ..... of the imposition of an indemnity costs order against a defendant in such circumstances. it is the obvious intention of the rule to oblige a defendant, which has received an offer of ..... the contra proferentum rule, where the words of an ambiguous document will be construed against the person who put them forward: kim lewison, the interpretation of contracts (sweet and maxwell, 5th ed, 2011) at para 7.08, it was also consistent with the object of offers to settle, which was to encourage .....

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