Ang Kian Tiong v DBS Bank Ltd.
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Judges (1)
Counsel (6)
Parties (2)
Case Significance
Ang Kian Tiong v DBS Bank Ltd [2024] SGHC 292 was decided in the General Division of the High Court on 13 November 2024 by Christopher Tan JC in Originating Application No 650 of 2024. The claimant, Ang Kian Tiong, is a customer of DBS Bank Ltd under the bank's Treasures Private Client division, and sought various declarations against the bank in respect of bonds issued by a Singapore-incorporated company, Innovate Capital Pte Ltd (the "Issuer"). Christopher Tan JC dismissed the claimant's application and set out his reasons. The judgment records that in or around December 2017 the Issuer issued a series of US$6.00 per cent guaranteed convertible bonds, constituted under a trust deed in which the guarantor was PT Bumi Resources Tbk, the trustee was Madison Pacific Trust Limited, and the principal paying agent and conversion agent was the Bank of New York Mellon, London Branch; the bonds were cleared through Euroclear Bank, SA/NV or Clearstream Banking, SA, with DBS Bank Ltd being a direct participant of Clearstream. The case concerned credit and security in relation to bonds and assignment.
Summary
Ang Kian Tiong, a customer of DBS Bank Ltd's Treasures Private Client division, applied for various declarations against the bank in respect of convertible bonds issued by Innovate Capital Pte Ltd that the bank had purchased on his behalf, raising issues of credit and security, bonds and assignment. The General Division of the High Court noted that the claimant had made no real effort to engage the issuer's trustee or liquidator, including failing to follow up on the liquidator's invitation to submit a proof of debt. The court dismissed the claimant's application and indicated it would hear the parties on costs.
What did the court decide in Ang Kian Tiong v DBS Bank Ltd [2024] SGHC 292?
Christopher Tan JC dismissed Ang Kian Tiong's application, which sought various declarations against DBS Bank Ltd in respect of convertible bonds issued by Innovate Capital Pte Ltd. Ang Kian Tiong was a customer of the bank's Treasures Private Client division, and the matter concerned bonds and assignment.
What bonds were involved in Ang Kian Tiong v DBS Bank Ltd?
Around December 2017, Innovate Capital Pte Ltd issued US$6.00 per cent guaranteed convertible bonds under a trust deed, with PT Bumi Resources Tbk as guarantor, Madison Pacific Trust Limited as trustee, and the Bank of New York Mellon, London Branch as principal paying and conversion agent.
Statutes Cited
Cases Cited (4)
Referenced in
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Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2024] SGHC 292)