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ECRC Land Pte Ltd v Wuu Khek Chiang, George
[1998] SGHC 157
Suit 1240/1996
Judith Prakash J
09 May 1998
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Judgment:
2 Cur Adv Vult
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4 Background
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27 The proceedings
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30 The pleadings
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‘(5) The oral agreement for the procurement of Land
Office’s approval to the assignment was therefore as follows:This meant first raising the authorised capital from $100,000 to
$1.5 million.(e) The Plaintiffs become [sic] a company owning only the Lease
in the Land, not the cash of $1.5 million as well.(i) The appropriate directors’ resolution for the Plaintiffs
authorising the payment out of the $1.5 million from the Plaintiffs was to be passed
before Lawrence Phang (Grande’s representative) was appointed a director of the
Plaintiffs and
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42 Issues
43 36. The issues which I now have to determine are:
(3) whether oral evidence of the alleged agreement is admissible;
44 The issues relating to the oral agreement
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46 (1) The evidence: (a) for the plaintiffs
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62 (b) for the defendant
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‘1.2 BackgroundThe 3 parties agreed that share capital for ECRC Land to be $1.5 m and
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110 Findings
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130 Sarkar on Evidence as follows:
Sarkar on Evidence, 4thandSarkar on Evidence, 4th
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134 The defendant’s liability
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136 121. As Woon and Hicks state in their book The Companies Act of
Singapore: An Annotation, 1994
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Re National Funds Assurance Co Moxham v Grant [1900] 1 QB 88.’
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141 Conclusion
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143 JUDITH PRAKASH
144 JUDGE
Chia Ho Choon with Andrew Wong (Bih Li & Lee) for the plaintiffs
Tan Soo Kiang with Chiah Kok Khun and Wong Hur Wuin (Wee Swee Teow & Co) for the defendant