TAMAR PERRY & Anor v JACQUES HENRI GEORGES ESCULIER & Anor

[2023] SGCA(I) 2 Court of Appeal (International) 2 March 2023 CA/CAS 7/2022 26 min read
4 cases cited Cited by 1 case

Key facts

Court Court of Appeal (International)
Decided
Judges Beverley McLachlin, Judith Prakash, Steven Chong
Charges / claim Conflict of Laws, Trusts
Counsel Colin Liew LLC, Legal Clinic LLC, Premier Law LLC, Colin Liew, Kam Su Cheun Aurill, Koh Kuan Hong John Paul, Lim Rui Hsien Esther, Paul Chaisty, Yee Mun Howe Gerald

Source: [2023] SGCA(I) 2, Court of Appeal (International), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (3)

Counsel (9)

Parties (4)

Case Significance

Perry, Tamar and another v Esculier, Jacques Henri Georges and another [2023] SGCA(I) 2 is a decision of the Court of Appeal on a civil appeal (CA/CAS 7/2022) from the Singapore International Commercial Court (SIC/S 4/2020), with Steven Chong JCA delivering the grounds of decision of the court, sitting with Judith Prakash JCA and Beverley McLachlin IJ, dated 2 March 2023. The appellants were Tamar Perry and Solid Fund Private Foundation, and the respondents were Jacques Henri Georges Esculier and Bonnet Esculier Servane Michele Thais. The court noted that both parties were unsuspecting victims of a Ponzi scheme, but the respondents exited their investment at a fortuitous time and realised profits, with money used to pay them appearing to derive from funds transferred by the appellants. The appeal raised questions of choice of law in equity and property and of recipient and proprietary liability in trusts.

[2023] SGCA(I) 2 explained

TAMAR PERRY & Anor v JACQUES HENRI GEORGES ESCULIER & Anor ([2023] SGCA(I) 2) is a Singapore judgment decided by the Court of Appeal (International) on 2 March 2023. It is categorised under Conflict of Laws and Trusts. Within this corpus it has since been cited by 1 other reported Singapore judgment, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2023] SGCA(I) 2 about?

TAMAR PERRY & Anor v JACQUES HENRI GEORGES ESCULIER & Anor ([2023] SGCA(I) 2) is a Court of Appeal (International) decision from 2023. Its published catchwords are “Conflict of Laws — Choice of law — Equity”, “Conflict of Laws — Choice of law — Property”, and “Trusts — Recipient liability — Proprietary liability”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGCA(I) 2 consider?

The judgment refers to Evidence Act (Cap 97). The statutes cited are listed in full on this page, each linking to its primary text.

How influential is [2023] SGCA(I) 2?

Within this corpus, [2023] SGCA(I) 2 has been cited by 1 later reported Singapore judgment. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

What did Perry v Esculier [2023] SGCA(I) 2 concern?

The Court of Appeal appeal (CA/CAS 7/2022) from the Singapore International Commercial Court arose from a Ponzi scheme in which appellants Tamar Perry and Solid Fund Private Foundation, and respondents Jacques and Servane Esculier, were victims. It raised choice-of-law and trust recipient-liability issues.

Who decided Perry v Esculier [2023] SGCA(I) 2?

The Court of Appeal decided the case on 2 March 2023, with Steven Chong JCA delivering the grounds of decision of the court, sitting alongside Judith Prakash JCA and Beverley McLachlin IJ, on an appeal from the Singapore International Commercial Court.

Statutes Cited

Cases Cited (4)

SG (1)
[2022] SGHC(I) 10
SLR (3)
[2007] 1 SLR(R) 377 [2015] 4 SLR 1229 [2017] 2 SLR 265

Cited By (1)

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Statutes interpreted in this judgment

Legal concepts & references

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGCA(I) 2)