DUKE BAKERY PTE. LTD. v LIN LIMING & 2 ORS

[2024] SGHC 318 High Court (General Division) 13 December 2024 • HC/OC 100/2023 • 37 min read
2 cases cited

Catchwords

Practice Areas

Judges (1)

Counsel (11)

Parties (4)

Case Significance

Duke Bakery Pte Ltd v Lin Liming and others [2024] SGHC 318 is a judgment of the General Division of the High Court delivered by Hri Kumar Nair J on 13 December 2024, in Originating Claim No 100 of 2023. The claimant, Duke Bakery Pte Ltd, was in the business of producing and selling confectionery and bakery products, operating a central kitchen and, as at August 2024, 12 retail outlets. The defendants were its former director Mr Lin Liming, its former Managing Director Mr Zhang Yongqiang, and its former Finance Manager Mdm Chng Chee Hong, who brought a counterclaim. The catchwords cover breach of directors' duties, breach of contract, unjust enrichment and damages.

Duke Bakery brought against Mr Lin and Mr Zhang a claim in unlawful means conspiracy alleging that Mdm Chng effected transfers totalling $150,000 from Duke Bakery to Mr Lin, together with a claim for breach of their duties as directors, and against Mr Lin a claim for wrongful breach of an alleged Transfer Agreement. Duke Bakery was represented by Yuen Law LLC, with the defendants represented by firms including CK Tan Law Corporation, Fervent Chambers LLC and Justin Phua Tan & Partners. The judgment references the Companies Act and cites 2 Singapore authorities.

Summary

Duke Bakery Pte Ltd brought a claim in the General Division of the High Court against its former director Mr Lin Liming, its former managing director Mr Zhang Yongqiang, and its former finance manager Mdm Chng Chee Hong, alleging unlawful means conspiracy in relation to transfers totalling $150,000, breaches of duties owed to the company, and breach of an alleged oral or conduct-based 'Transfer Agreement', while Mdm Chng advanced a counterclaim. The proceedings raised issues of breach of director's duties, breach of contract, unjust enrichment and damages. Hri Kumar Nair J dismissed Mdm Chng's counterclaim, holding that it was not unjust for Duke Bakery to retain the relevant sum, and made costs orders, including ordering Duke Bakery to pay specified costs to each of the three defendants.

What claims did Duke Bakery bring in Duke Bakery Pte Ltd v Lin Liming [2024] SGHC 318?

In [2024] SGHC 318, decided on 13 December 2024 by Hri Kumar Nair J, Duke Bakery Pte Ltd sued its former director Lin Liming and former Managing Director Zhang Yongqiang in unlawful means conspiracy over $150,000 in transfers and for breach of directors' duties, plus a breach of an alleged Transfer Agreement.

Who were the defendants in the Duke Bakery directors' duties case [2024] SGHC 318?

In Duke Bakery Pte Ltd v Lin Liming and others [2024] SGHC 318, the defendants were Duke Bakery's former director Mr Lin Liming, its former Managing Director Mr Zhang Yongqiang, and its former Finance Manager Mdm Chng Chee Hong, who also brought a counterclaim against the company.

Statutes Cited

Cases Cited (2)

SLR (2)
[2013] 4 SLR 308 [2018] 1 SLR 239

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 318)