AXIS MEGALINK SDN BHD v FAR EAST MINING PTE LTD

[2023] SGHC 243 High Court (General Division) 31 August 2023 HC/S 342/2021

20 cases cited (17 SG, 3 foreign) Cited by 4 cases

Key facts

Court	High Court (General Division)
Decided	31 August 2023
Judge	Goh Yihan
Charges / claim	Tort, Contract, Agency
Counsel	David Lim & Partners LLP, Luo Ling Ling LLC, WongPartnership LLP, Chng Zi Zhao Joel, Daniel Yeap Zhu Chuean, Felicia Soong Wanyi, G Kiran, Joshua Ho Jin Le, Koh Swee Yen, Koong Len Sheng, Luo Ling Ling, Noor Heeqmah binte Wahianuar, Sharifah Nabilah Binte Syed Omar

Source: [2023] SGHC 243, High Court (General Division), decided 31 August 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Tort — Conspiracy Contract — Misrepresentation — Fraudulent Contract — Mistake — Unilateral mistake as to identity of contracting counterparty Agency — Third party and principal’s relations — Contractual relations — Attribution of agent’s knowledge of his own breach to principal

Practice Areas

Tort Contract Agency

Judges (1)

Goh Yihan Delivered

Counsel (13)

David Lim & Partners LLP Firm Luo Ling Ling LLC Firm WongPartnership LLP Firm Chng Zi Zhao Joel Counsel for the defendant Daniel Yeap Zhu Chuean Counsel for the plaintiff Felicia Soong Wanyi Counsel for the defendant G Kiran Counsel for the defendant Joshua Ho Jin Le Counsel for the third defendant in counterclaim Koh Swee Yen Counsel for the defendant Koong Len Sheng Counsel for the plaintiff Luo Ling Ling Counsel for the third defendant in counterclaim

Noor Heeqmah binte Wahianuar Counsel for the third defendant in counterclaim

Sharifah Nabilah Binte Syed Omar Counsel for the third defendant in counterclaim

Parties (5)

Axis Megalink Sdn Bhd Plaintiff Far East Mining Pte Ltd Defendant

Chong Wan Ling Defendant In Counterclaim

Lee Kien Han Defendant In Counterclaim

Lim Eng Hoe Defendant In Counterclaim

Case Significance

Axis Megalink Sdn Bhd v Far East Mining Pte Ltd [2023] SGHC 243 is a reserved judgment of Goh Yihan JC in the General Division of the High Court, delivered on 31 August 2023 in Suit No 342 of 2021. The plaintiff, Axis Megalink Sdn Bhd, a Malaysia-incorporated company, sued Far East Mining Pte Ltd, a Singapore asset management company, over an engagement letter dated 16 August 2016 under which Axis was engaged as introducer and arranger for a proposed reverse takeover of China Bearing (Singapore) Limited (later renamed Silkroad Nickel Ltd). Axis claimed the arranger fee of US$2m, and the judgment addresses claims spanning the tort of conspiracy, fraudulent misrepresentation, unilateral mistake as to the identity of a contracting counterparty, and the attribution of an agent's knowledge of his own breach to his principal.

Summary

Axis Megalink Sdn Bhd, a Malaysian company, sued Far East Mining Pte Ltd for a US$2m arranger fee under an engagement letter for a proposed reverse takeover, while FEM counterclaimed on grounds it did not know Mr Lee Kien Han was Axis's beneficial owner. The court dismissed Axis's claim and found for FEM on its misrepresentation counterclaim against Mr Lee and Axis, awarding S$10,210 in damages, so that FEM was not bound to the engagement letter or liable for the fee.

What was Axis Megalink Sdn Bhd v Far East Mining Pte Ltd [2023] SGHC 243 about?

It was a dispute before Goh Yihan JC over an engagement letter dated 16 August 2016, under which Axis Megalink Sdn Bhd claimed a US$2m arranger fee from Far East Mining Pte Ltd for a proposed reverse takeover, with judgment delivered on 31 August 2023.

What legal issues did [2023] SGHC 243 raise?

The catchwords covered the tort of conspiracy, fraudulent misrepresentation, unilateral mistake as to the identity of a contracting counterparty, and the attribution of an agent's knowledge of his own breach to his principal in agency law.

Statutes Cited

Evidence Act (Cap 97) Cases on this Act →

s 116

Cases Cited (20)

SG (2)

[2002] SGHC 222 [2017] SGHC 241

SLR (15)

[2000] 2 SLR(R) 407 [2001] 2 SLR(R) 435 [2003] 3 SLR(R) 501 [2005] 3 SLR(R) 283 [2007] 4 SLR(R) 855 [2008] 1 SLR(R) 80 [2010] 2 SLR 589 [2014] 1 SLR 860 [2016] 2 SLR 597 [2016] 3 SLR 845 [2017] 1 SLR 141 [2017] 1 SLR 654 [2018] 2 SLR 110 [2020] 2 SLR 20 [2022] 2 SLR 1250

UK (3)

[1928] AC 1 [2015] 2 WLR 1168 [2019] 3 WLR 997