Litigation & Dispute Resolution Highlights 2017

24 Apr 2018 Litigation & Dispute Resolution Highlights

2017 was another landmark year for our litigation and dispute resolution practice.

We remain ranked in Tier 1 for both Dispute Resolution, Singapore, and Restructuring & Insolvency, Singapore, by The Legal 500: Asia Pacific – The Client’s Guide to the Asia Pacific Legal Profession 2018 and we are also ranked in Tier 1 for Restructuring & Insolvency, Singapore in IFLR 1000 – The Guide to the World’s Leading Financial Law Firms, 2018.

Our Chairman and Senior Partner, Alvin Yeo, SC, was honoured with the prestigious Chambers award for "Outstanding Contribution to the Legal Profession" at the Chambers Asia-Pacific 2017 awards. This award is given to only two recipients each year who have had "significant and lasting impact on their market and who are outstanding lawyers in their own areas of practice", in recognition of their exceptional work in their respective fields and continued contribution to the Asian legal arena.

Among other highlights:

• in a highly publicised litigation between Ngee Ann Development Pte Ltd v Takashimaya Singapore Ltd [2017] SGCA 42 on the rent payable on a renewal of leased premises, the Court of Appeal ruled on the scope of the court’s intervention in advance of an expert determination (eg, a valuation) and the correct configuration of the leased premises to be applied by the valuers in determining the "prevailing market rental value" of the leased premises;

• in the seminal decision of PH Hydraulics & Engineering Pte Ltd v Airtrust (Hong Kong) Ltd and another appeal [2017] SGCA 26, the Court of Appeal held conclusively for the first time that, as a general rule, punitive damages will not be awarded purely for breach of contract in the absence of concurrent liability in tort;

• in the landmark decision of Quek Kwee Kee Victoria (executor of the estate of Quek Kiat Siong, deceased) and another v American International Assurance Co Ltd and another [2017] SGCA 10, the Court of Appeal clarified, for the first time, the meaning of "accident" in personal accident insurance policies; and

• in an important decision for the drafting and negotiation of contracts, the Court of Appeal in CIFG Special Assets Capital I Ltd (Formerly known as Diamond Kendall Limited) v Ong Puay Koon and others and another appeal [2017] SGCA 70, held that the introduction of a boiler-plate indemnity that had not been specifically negotiated cannot override the negotiated commercial bargain, structure of deal and calibrated risk allocation reflected in the contractual documents, where in each case, WongPartnership acted for the successful party.

We are pleased to share with you some highlights of 2017 which have contributed to our continued recognition in the market.