Chantal burnison biography examples
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Payment is not made. In this regard, the Defendants rely on their expert, Mr Arora, to confirm the services that were provided and that this was reasonable.
Put another way, the US Defendants are clearly parties who should have the benefit of the Singapore judgment even if they are not, strictly speaking, privy to the same. It follows that the payments in question here were made when Renslade (S) was in fact holding the Ethocyn Rights. As such, no modification to the account on this basis needs to be made.
When this was not done, Baker filed the present Suit in Singapore in November 2018.
11 Baker, as executor of the Estate, sued the Defendants for: (a) breach of fiduciary duties as trustees under an oral trust or an oral agreement to hold and manage assets, the Ethocyn Rights, and the income derived therefrom, for Chantal; as well as (b) breach of a loan agreement of CHF9.5 million with 3% per annum interest (“the Loan Agreement”).
It doesn’t appear here. With respect, Mr Thio SC’s attempt to draw the difference between “judicial estoppel” and its preclusive effect on the one hand, and claiming there was no trust or no enforceable trust on the other, is a distinction without any difference. Insofar as Mr Arora was expressing a view that certain expenses were documented to his satisfaction as a matter of accounting practice, we are willing to take that into account as part of the factual background for our determination.
In this case, the Californian Proceedings are still at an early stage, with BCS still being able to amend its pleadings and discovery yet to begin. As the Court of Appeal stated in Beckett Pte Ltd v Deutsche Bank AG [2011] 2 SLR 96 at [19]:
… In our view, the issue was very simply this.
27 Having set out these general principles, we elaborate further on the approach that we take to the specific entries when dealing with the parties’ contentions below.
Income: whether US$200,000 should be surcharged
This contradicts the claim that Dev should be entitled to commission paid out of the Trust Moneys. This was concealed from the Singapore court in the Suit. Mac Molly Tetra” and “Delivery of goods and software” (which pertains to only one of the transfers), and the evidence of the transfers themselves from Renslade (S) to Plexus AG.
However, no explanation is forthcoming regarding the purpose of these transfers, save for the Defendants’ assertion that these were upon Chantal’s request. In Singapore, the argument that was thought most likely to succeed or to persuade Your Honours, which failed eventually, was the public policy and illegality argument.
But that is not the same as a judicial estoppel argument, which is a distinct or a defined doctrine under US law.
Baker takes the position that there is no documentary evidence to corroborate this assertion, and that there is no evidence that Plexus AG was owned by Chantal and her ex-husband as the Defendants had claimed. Helping founders change the world, one lines of code at a time. What precisely is required for the discharge of this duty is fact-specific.
Put another way, there is nothing to stop BCS proceeding against Baker in his personal capacity, for lying about his affiliation to BCS. In the same vein, insofar that Heika, as an officer of Grey Pacific Labs, willingly entered into the assignment agreement for the trademark rights knowing that Baker is not an officer of BCS, BCS should also be allowed to claim against her (and also Grey Pacific Labs, if Heika’s state of mind can be attributed back to it).