Yzabel Dumaguing – Lawyer Profile

CIVIL AND COMMERCIAL DISPUTES

• Acted for the Respondent who successful resisted the appeal against the High Court’s decision in Sizer Metals Pte Ltd and Chubb Insurance Singapore Limited [2022] SGHC 51 (see Chubb Insurance Singapore Ltd v Sizer Metals Pte Ltd [2023] SGHC(A) 17). This case concerned a marine cargo insurance claim by a metals trading company (who was the respondent in the appeal) against an insurance company in a dispute relating to shipments of tin ore cargo which were the subject of theft enroute from Kigali to Penang via Dar es Salaam. Judgment was obtained for the full claim sum.
• Assisted as second chair for the 2^nd Defendant in a USD 3 million dispute brought by a US company against a Singapore company and its director over the provision of face masks during the COVID-pandemic. Allegations of fraud, intermingling of funds and conspiracy were brought against the director personally to pierce the corporate veil. The Plaintiffs also mounted a claim against the 2^nd Defendant for tort of inducement to breach contract. The 2^nd Defendant successfully defended the claims against him (see Dialectic PR LLC and Dialectic Distribution LLC v Brilliante Resources International Pte Limited and Woon Joon Foong, Jerrel (Yun Junfeng, Jerrel) [2023] SGHC 39). The Plaintiffs have appealed against the Judgment and the appeal proceedings are ongoing.
• Acting for a former director (of a company in liquidation) accused of breaching fiduciary duties, dishonest assistance, and conspiracy in respect of a development in Batam, Indonesia that was set to be the world’s largest eco theme park. The case was commenced by the company’s liquidator in both his capacity as liquidator and in his personal capacity, against former directors, marketing agents, the Indonesian company that owns the land for the development, and its directors. Judgment is pending.
• Assisted in a representative action with 154 Claimants. The Claimants claimed approximately S$47 million in a scam that spanned across several jurisdictions (Dubai, Switzerland, India, Malaysia, and Singapore). The scam involved the setting up of multiple sham and façade companies used to induce investors to invest with promises of guaranteed exorbitant interest returns (around 70% to 120%) on invested sums. A worldwide Mareva injunction order was obtained against 18 out of 19 defendants in the suit.
• Assisted in an application to introduce new evidence on foreign law to set aside an arbitral award on the basis that: (i) the Award contained decisions on matters beyond the scope of submission to arbitration; (ii) there was a breach of the rules of natural justice in the making of the Award; and (iii) the Award is contrary to Singapore public policy (see Gokul Patnaik v Nine Rivers Capital Ltd [2021] 3 SLR 22).
• Assisted in an application for an interim injunction to restrain defendants from disposing any shares in a company listed on the Catalist of the Singapore Exchange (see Chen Mingxing and others v Zhang Jian and others [2021] SGHC 3).
• Assisted in a case commenced by a private investor against a director of a filmmaking company for breach of contract (see Simran Bedi v Mark A Montgomery [2022] SGHC 67).
• Assisted in a successfully defended defamation claim commenced by three former council members against the former chairman of a condominium management council regarding the mismanagement of the estate (see Fang Yiqiang and anor v Goh Siong Heng Benson [2023] SGDC 11; as reported in https://www.channelnewsasia.com/singapore/condo-council-members-sue-defamation-chairman-canopy-letter-mismanagement-dirty-estate-pet-parties-3262226).
• Assisted in a High Court conspiracy claim by one of the largest logistics and petrochemical service providers in South-East Asia against several ex-employees of a subsidiary. This action included an application for a prohibitory injunction against the said ex-employees. The matter was settled.
• Assisted in a claim by the estate of the Deceased against a hotel (see https://tnp.straitstimes.com/news/singapore/shortcomings-found-bugis-hotel-pool-where-woman-drowned) This matter has since been settled.
• Assisted in a High Court action involving a US-listed company, its representatives and its shareholders, arising from a shareholder take-over and minority oppression, with causes of action including contractual and shareholding disputes, tort of deceit and misrepresentation.
• Assisted in a High Court dispute between owners of big local construction companies relating to indemnities and apportionment of blame, engaging the concept of non est factum, Quistclose trust and the extent to which the Court can order for production of documents. This matter also addressed the technical point of “change in circumstances” for setting aside a Mareva injunction as part of an array of interlocutory applications that included applications for summary judgment and striking out of pleadings.
• Assisted in defending a claim by a local food supplier against a prominent Malaysian and local group of companies in the industry of importing and supplying perishables, wherein a summary judgment application was resisted on a highly technical point of what is entailed in a by-consent order for conditional leave to file a Defence.

SHIPPING LITIGATION

• Acting for a defendant in an admiralty case concerning conflicting bills of lading for cargoes of approximately 506.15 MT of nickel in the form of briquettes, with a nickel content of 99.80% quality as per London Metal Exchange specifications. The case is ongoing.
• Acted for the Respondent who successful resisted the appeal against the High Court’s decision in Sizer Metals Pte Ltd and Chubb Insurance Singapore Limited [2022] SGHC 51 (see Chubb Insurance Singapore Ltd v Sizer Metals Pte Ltd [2023] SGHC(A) 17). This case concerned a marine cargo insurance claim by a metals trading company (who was the respondent in the appeal) against an insurance company in a dispute relating to shipments of tin ore cargo which were the subject of theft enroute from Kigali to Penang via Dar es Salaam. Judgment was obtained for the full claim sum.
• Assisted the Plaintiff in a High Court dispute against a Timor-Leste insurance company over gasoil cargo valued at approximately USD 1.5 million. The cargo was to be shipped from Singapore to Karabela Port, Timor-Leste. During the course of the voyage, the vessel carrying the cargo was hijacked by pirates in the waters off the coast of Tanjung Berakit, Indonesia. The action involved allegations of conspiracy and that the piracy act was staged, failure to comply with the Marine Insurance Act and lack of insurable interest. The Plaintiff successfully obtained judgment for the full claim amount. Post-Judgment, an application for pre-action discovery was interestingly made by the Plaintiff against the Defendant’s reinsurers’ brokers.
• Assisted in defending a High Court suit against a sub-contractor facing a claim from owners and engine manufacturers for damages in excess of US$1.5 million resulting from an engine room fire.

RESTRUCTURING AND INSOLVENCY

• Acting for a former director (of a company in liquidation) accused of breaching fiduciary duties, dishonest assistance, and conspiracy in respect of a development in Batam, Indonesia that was set to be the world’s largest eco theme park. The case was commenced by the company’s liquidator in both his capacity as liquidator and in his personal capacity, against former directors, marketing agents, the Indonesian company that owns the land for the development, and its directors. Judgment is pending.
• Acting for a Malaysian company in the business of purchasing and processing natural rubber that successfully defended an application to set aside a statutory demand issued against a debtor under the Insolvency, Restructuring & Dissolution Act.
• Acted for a company incorporated in the British Virgin Islands in an action commenced by another BVI company that is a substantial shareholder of a Canadian corporate entity publicly listed on the Nasdaq Global Select Market and the Toronto Stock Exchange in respect of a financing agreement. The company faced allegations of misrepresentation, repudiatory breach/wrongful termination of an agreement, unlawful means conspiracy. The company has since been placed on liquidation.

CONSTRUCTION

• Acted for a main contractor in an adjudication claim commenced by the subcontractor for alleged unpaid works. The adjudicated amount was approximately 80% less than the subcontractor’s original claim sum.
• Acting for the main contractor in a High Court claim against its subcontractor for liquidated damages and rectification works. The case is still ongoing.
• Acted in numerous construction disputes both referred for adjudication under the auspices of the Building and Construction Industry Security of Payment Act and under court litigation processes.

CORPORATE PRACTICE

• Conducted the required corporate work and drafted the necessary documents after a start-up secured venture capital funding.
• Conducted due diligence for a group of companies which specialise in chartering of ships, barges and boats with crew.
• Assisting in corporate matters for a Japanese in-house advertising agency for one of the largest automotive manufacturers.
• Assisted in several corporate transactions and dealings including drafting agreements for sale and purchase of shares and properties, shareholders’ agreements, joint venture agreements and employment agreements.