ACTAtek, Inc. v Tembusu Growth Fund Ltd

JurisdictionSingapore
JudgeSundaresh Menon CJ,Tay Yong Kwang JA,Steven Chong J
Judgment Date17 August 2016
CourtCourt of Appeal (Singapore)
Docket NumberCivil Appeal No 191 of 2014
Date17 August 2016
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6 cases
  • Tembusu Growth Fund Ltd v ACTAtek, Inc. and Others
    • Singapore
    • High Court (Singapore)
    • 19 October 2017
    ...in its entirety. The defendants’ appeal to the Court of Appeal succeeded: ACTAtek, Inc and another v Tembusu Growth Fund Ltd [2016] 5 SLR 335 (“ACTAtek (CA)”). The Court of Appeal found, amongst other things, that there was no implied term in the 2012 CLA restricting AI’s use of its proceed......
  • Zhou Weidong v Liew Kai Lung
    • Singapore
    • High Court (Singapore)
    • 27 December 2017
    ...Lee and another [2001] 2 SLR(R) 435 (“Panatron”) at [14] (and recently reiterated in ACTAtek, Inc and another v Tembusu Growth Fund Ltd [2016] 5 SLR 335 at [46]): … First, there must be a representation of fact made by words or conduct. Second, the representation must be made with the inten......
  • HE & SF Properties LP v Rising Dragon Singapore Pte Ltd and another
    • Singapore
    • International Commercial Court (Singapore)
    • 3 May 2019
    ...of fact, the state of a man’s mind “is as much a fact as the state of his digestion”: ACTAtek, Inc and another v Tembusu Growth Fund Ltd[2016] 5 SLR 335 at [58], citing the well known judgment of Bowen LJ in Edgington v Fitzmaurice (1885) 29 Ch D 459 at 483. I did not understand any of the ......
  • Anglo-American Corp Sdn Bhd v The London Steam-ship Owners' Mutual Insurance Association Ltd and others
    • Singapore
    • High Court (Singapore)
    • 11 September 2018
    ...Pte Ltd and another v Lee Cheow Lee and another [2001] 2 SLR(R) 435 at [14]; ACTAtek, Inc and another v Tembusu Growth Fund Ltd [2016] 5 SLR 335 at [46]): There must be a false representation of fact made by words or conduct; The representation must be made with the intention that it should......
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5 books & journal articles
  • Contract Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2016, December 2016
    • 1 December 2016
    ...Ltd v Taufik Surya Dharma [2016] SGHC 147 at [104]. 71 See Wee Chiaw Sek Anna v Ng Li-Ann Genevieve [2013] 3 SLR 801 at [30]. 72 [2016] 5 SLR 335. 73 ACTAtek Inc v Tembusu Growth Fund Ltd [2016] 5 SLR 335 at [20]. 74 Tembusu Growth Fund Ltd v ACTAtek Inc [2015] SGHC 206. 75 ACTAtek Inc v Te......
  • Tort Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2016, December 2016
    • 1 December 2016
    ...Allergan Inc v Ferlandz Nutra Pte Ltd [2016] 4 SLR 919 at [226]. 79 Allergan Inc v Ferlandz Nutra Pte Ltd [2016] 4 SLR 919 at [230]. 80 [2016] 5 SLR 335. 81 [2001] 2 SLR(R) 435 at [14]. 82 [2016] SGHC 116. 83 [2017] 3 SLR 711. 84 [2016] SGHC 232. 85 Cap 109A, 2000 Rev Ed. 86 [2016] 4 SLR 43......
  • Contract Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2017, December 2017
    • 1 December 2017
    ...Inc [2017] SGHC 251 at [13]. 96 Tembusu Growth Fund Ltd v ACTAtek, Inc [2015] SGHC 206. 97 ACTAtek, Inc v Tembusu Growth Fund Ltd [2016] 5 SLR 335. 98 Tembusu Growth Fund Ltd v ACTAtek, Inc [2017] SGHC 251 at [92]. 99 Tembusu Growth Fund Ltd v ACTAtek, Inc [2017] SGHC 251 at [159]. 100 Temb......
  • Securities and Financial Services Regulation
    • Singapore
    • Singapore Academy of Law Annual Review No. 2017, December 2017
    • 1 December 2017
    ...ed) (Academy Publishing, 2012) at paras 10.133 and 10.266. 30 See further Ochroid Trading Ltd v Chua Siok Lui [2018] SGCA 5 at [165]. 31 [2016] 5 SLR 335. 32 Tembusu Growth Fund Ltd v ACTAtek, Inc [2017] SGHC 251. 33 [2017] SGDC 61. 34 See Monetary Authority of Singapore v Wang Boon Heng [2......
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