Journal Name: The Conveyancer and Property Lawyer

Volume Number: 88

Issue Number: 1

Abstract:

In Tan Teck Kee v Ratan Kumar Rai, the Singapore Court of Appeal had occasion to decide whether, and when, a director of a company may owe concurrent fiduciary duties both to a third-party and to his principal company. Furthermore, the apex court took the chance to consider when an ad hoc fiduciary relationship could arise. This note critically examines the Court’s analysis, and discusses the approaches adopted by the courts in other common law jurisdictions. It concludes that, overall, the decision of the Court of Appeal is to be welcomed.