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FOO Maw Shen

Partner
Litigation & Arbitration
foo.mawshen@rodyk.com
+65 6885 3607


EXPERIENCE

Acted for the first case to be decided by the High Court of Singapore on the scope and ambit of the defence afforded to a bankrupt under section 133 of the Bankruptcy Act, i.e. the defence of innocent intention to defraud. Reported at Re Low Kok Heng [2007] 4 SLR 183.


Successfully acted for a company listed on the SGX against an allegation of financially assisting a purchaser's acquisition of its own shares under section 76 of the Companies Act. The Court of Appeal upheld the first instance decision - the first case decided by the Court of Appeal on the scope and ambit of section 76 of the Companies Act in recent years. Reported at Re Wu Yang Construction Group [2006] 4 SLR 451 & [2007] SGCA 55.


Successfully resisted the appeal brought by OCBC to the Court of Appeal against the trial judge's finding that OCBC had breached an assets sale agreement. Principal issue considered by the Court of Appeal was the scope of a party's contractual duty to use reasonable endeavours to procure an outcome. Reported at OCBC v Justlogin [2007] 2 SLR 675.


Acted for certain parties in resisting claims for a sum of US$75 million brought by Mitco against various defendants for fraudulent conspiracy. Issues relating to fraudulent conspiracy, constructive trust and tracing (including the application for the first time in Singapore of the Twinsectra test, i.e. knowingly assisting a breach of trust) were considered. Reported at Re Malaysian International Trading Corp Sdn Bhd ("Mitco") [2002] 4 SLR 537.


Acted for the liquidator of a G8 construction company in the claim against its former directors for fraudulent and insolvent trading, in the sum of S$53 million. Issues relating to the liquidator's right to trace the proceeds of the directors' wrongdoing were considered in detail by the Court of Appeal. Reported at Re Tong Tien See Construction Pte Ltd (in liquidation) [2002] 3 SLR 76; [2002] 3 SLR 241.



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