ABSTRACT
This case note discusses the decision of the Court of Appeal in Beyonics Asia Pacific Ltd v Goh Chan Peng [2021] SGCA(I) 2, which arose after a quintet of cases between a company and its former director for breach of his fiduciary duties. The decision also demonstrates an application of the current test for causation where breaches of fiduciary duties are concerned, a test first adopted by the Court of Appeal in Sim Poh Ping v Winsta Holding Pte Ltd [2020] 1 SLR 1199. This note also explores the effects of the Court of Appeal’s decisions on issues which are vital to companies, such as the doctrine of separate legal entity for subsidiary companies, the doctrine of res judicata and judicial treatment of the single economic entity concept in Singapore.
Cheong, Ben Chester and Bin K M A Jahabar Sathik, Muhammad, Case Note – The Quintet of Cases on Breaches of Fiduciary Duties, Causation and Abuse of Process: Clarifications from the Court of Appeal in Beyonics Asia Pacific Ltd v Goh Chan Peng [2021] SGCA(I) 2 (January 26, 2022). Singapore Academy of Law Journal (SAcLJ) 2022.
First posted 2022-02-04 15:00:54
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