Author: Ronald JJ Wong

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Article: Employment contracts bonds & penalty clauses; refusing employees’ resignation

Singapore Law; Legal; Lawyer

At BCS legal clinic yesterday, 2 separate foreign applicants came distressed, seeking legal advice on how they can quit their job. They were overworked and exploited. They had thought that if they quit their job, they’d have to pay a hefty sum of money for terminating their employment contract or agreement before a purported “bond” period. When they left the legal clinic, they were uplifted and relieved because they found out from us that they could leave their unhealthy jobs without penal consequences.

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Case Update: SCT Technologies Pte Ltd v Western Copper Co Ltd [2015] SGCA 71 – Court of Appeal allows appeal on burden of proof

Singapore Law; Legal; Lawyer

Significance: Court of Appeal allowed appeal on the basis that the respondent failed to discharge its burden of proof by running its ‘minimal case’ and adducing insufficient evidence to prove that it had paid its debts.

Comment: It’s important for litigants to be clear about who bears the legal burden of proving which material facts. This would be based on the pleadings, which are therefore important legal documents that must be properly drafted. Evident from this case, even Supreme Court judges can differ in their construction of pleadings to determine such fundamental concepts as burden of proof. Such analyses must be done early in the litigation so that the appropriate and effective litigation strategy can be adopted. Running risky strategies like no case to answer or a “minimal case” approach must be well supported by robust legal analysis and research.

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Case Update: Bunge SA v Indian Bank [2015] SGHC 330 – Singapore High Court stayed local proceedings for India Court proceedings on basis of forum non conveniens

Singapore Law; Legal; Lawyer

The court granted a stay of proceedings on the ground of forum non conveniens applying the principles in Spiliada Maritime Corporation v Cansulex Ltd [1987] AC 460 (“Spiliada”), adopted in the Singapore courts: Rickshaw Investments Ltd v Nicolai Baron von Uexkull [2007] 1 SLR(R) 377, CIMB Bank Bhd v Dresdner Kleinwort Ltd [2008] 4 SLR(R) 543 and JIO Minerals FZC v Mineral Enterprises Ltd [2011] 1 SLR 391.

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Case Update: Re Conchubar Aromatics Ltd [2015] SGHC 322 – Scheme of Arrangement, Restraint Order

Singapore Law; Legal; Lawyer

Significance: High Court holds that an order restraining further proceedings in any action or proceeding against a company may be granted under s 210(10) even if no application had yet been made under s 210(1) for a meeting of creditors or members, provided there was a proposal of a compromise or arrangement sufficiently detailed as to indicate that was something definitive that could be put to the creditors shortly, and the application was made bona fides.

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Article: Appointment of deputies, court directions and statutory wills under the Mental Capacity Act

Singapore Law; Legal; Lawyer

Potential Scenarios 

What if a person sinks into a coma or becomes mentally impaired such that he is unable to make important decisions about his property and welfare. For example, money has to be withdrawn from his bank account to pay for medical expenses?

What if an elderly person has severe dementia and suddenly makes a substantial gift of money or property, or changes his will in a way, which is incongruous with his character?

What if a child is intellectually challenged and unable to make his own decisions about his property and welfare? In some instances, banks or other third party institutions may require the parent or guardian to provide documentary proof that he or she is legally authorised to make decisions on behalf of the child regarding those matters.

This is where the Mental Capacity Act comes in.

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