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Singapore Leading Case knowing receiptdishonest assistance

Cooperatieve Centrale Raiffeisen-Boerenleenbank BA v Motorola Electronics Pte Ltd

[2011] SGCA 48
JurisdictionSingapore
CourtSingapore Court of Appeal
Year2011
StatusBinding authority

Summary

In Singapore, knowing receipt liability requires knowledge (per Baden scale) that a transfer was in breach of fiduciary duty; dishonest assistance principles also addressed.

Key Principle

Knowing receipt and dishonest assistance in Singapore: Baden scale of knowledge applies. Recipient liability requires knowledge that the transfer was in breach of fiduciary duty.

Area of Law

equity

Related Cases

Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) 253 CLR 560

Change of position is a defence to a claim in unjust enrichment for mistaken payments where the defendant has detrimentally relied on the receipt.

Equuscorp Pty Ltd v Haxton (2012) 246 CLR 498

Unjust enrichment claims for money paid under illegal contracts may succeed if recovery is consistent with the statutory policy underlying the illegality.

Friend v Brooker (2009) 239 CLR 129

Equitable compensation for breach of fiduciary duty does not require but-for causation, and a fiduciary must account for profits made in breach of their stringent obligations.

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