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Singapore corporate opportunitiesno profit ruleaccount of profitsconflict of interest s175

Goh Chan Peng v Beyonics Technology Ltd

[2017] 2 SLR 592
JurisdictionSingapore
CourtSingapore Court of Appeal
Year2017
StatusBinding authority

Summary

A director who diverted corporate opportunities to a competitor breached his fiduciary duties and was liable to account for profits derived from the diversion.

Key Principle

The SGCA held that a director who diverted business opportunities to a competitor breached his fiduciary duties; the company was entitled to an account of profits made by the director from the diverted business.

Area of Law

company

Related Cases

Shafron v Australian Securities and Investments Commission (2012) 247 CLR 465

A company secretary is an 'officer' under the Corporations Act and owes a duty of care and diligence under s 180 in performing their functions.

Bell Group Ltd (in liq) v Westpac Banking Corporation [2012] WASCA 157

Directors of an insolvent company owe duties to creditors, and bank claims may be subordinated where unconscionable conduct is established in dealings with the insolvent company.

Barclay v Penberthy (2012) 246 CLR 258

The standard of care under s 180 of the Corporations Act is that of a reasonable person in the director's position, having regard to the corporation's circumstances and the director's office.

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