Directors Chern Yang See 徐振洋, Larisa Cheng and Associate Ling Xuan L. Represented Mr Don Lim, 1 of the 3 defendants in a claim in unlawful means conspiracy. The team successfully resisted the claim and further obtained costs on an indemnity basis against the plaintiff and the plaintiff’s representative (a non-party) on a joint and severally liable basis. In summary, the Court accepted the team’s submissions that this was simply a case of an investment having gone wrong.

The Court held that there was no evidence to suggest that Drew & Napier’s client should have been brought into these proceedings to begin with and it should be self-evident that the factual foundation to support any allegation of conspiracy against the plaintiff would be missing. The Court then concluded that the plaintiff brought the defendant into its claim not because there was any case to speak of, but to effectively use him as collateral.

As a result, the team obtained a dismissal of all claims against the client and successfully argued for costs to be paid to the client on an indemnity basis. Additionally, although the plaintiff’s representative was not a party in the action, the Court accepted the team’s submission that given the circumstances, he should also be made jointly and severally liable with the plaintiff for the awarded costs.

Source: Drew & Napier LLC’s LinkedIn Page