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Singapore fiduciary dutiescausationdirectors duties

Sim Poh Ping v Winsta Holding Pte Ltd

[2020] SGCA 35; [2020] 1 SLR 1199
JurisdictionSingapore
CourtSingapore Court of Appeal
Year2020
StatusBinding authority

Key Principle

The Court of Appeal recast the causation rule for equitable compensation for breach of the core (custodial and non-custodial) fiduciary duties, holding that once the principal proves breach and loss, a rebuttable presumption arises that but for the breach the loss would not have been suffered, and the legal burden shifts to the fiduciary to show the loss would have occurred anyway.

Area of Law

company

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