Children's Media Ltd v Singapore Tourism Board: Fraudulent Misrepresentation & Lifting the Corporate Veil

The Court of Appeal dismissed the appeal by Children's Media Ltd, Tribute Third Millennium Limited, and Anthony David Hollingsworth against the Singapore Tourism Board. The case concerned the appellants' failure to stage the 'Listen Live' event, for which the respondent had paid $6,155,250. The court found that the third appellant, Anthony David Hollingsworth, had fraudulently misrepresented his ability to stage the event and lifted the corporate veil, holding him personally liable for the refund of the monies. The court upheld the trial judge's decision to set aside the Third Agreement and the Side Letter.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding failure to stage 'Listen Live' event. Court found fraudulent misrepresentation and lifted the corporate veil, holding the corporator personally liable.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Singapore Tourism BoardRespondentStatutory BoardAppeal DismissedWon
Children's Media LtdAppellantCorporationAppeal DismissedLost
Tribute Third Millennium LimitedAppellantCorporationAppeal DismissedLost
Anthony David HollingsworthAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Chan Sek KeongChief JusticeNo
Andrew Phang Boon LeongJustice of the Court of AppealNo
V K RajahJustice of the Court of AppealYes

4. Counsels

Counsel NameOrganization
Loh Jen WeiRodyk & Davidson
Lok Vi MingRodyk & Davidson
Joseph LeeRodyk & Davidson
Edric PanRodyk & Davidson
Jeanette LimRodyk & Davidson
Chelva Retnam RajahHeng Leong & Srinivasan
Srinivasan V NHeng Leong & Srinivasan
Rahayu MahzamHeng Leong & Srinivasan
Lalitha RajahHeng Leong & Srinivasan

4. Facts

  1. Singapore Tourism Board paid $6,155,250 to Children's Media Ltd to stage the 'Listen Live' event.
  2. Anthony David Hollingsworth was the director and CEO of Children's Media Ltd and Tribute Third Millennium Limited.
  3. Hollingsworth misrepresented that core finance for the event had been secured.
  4. The appellants were working towards holding the event in New York, concealing this from the respondent.
  5. The appellants made little effort to secure artistes and broadcasters after the Second Agreement was signed.
  6. Hollingsworth transferred the entire balance of the sponsorship sums from Children's Media Ltd's account to that of Tribute Third Millennium Limited.
  7. The event scheduled to be held in New York in July also did not take place.

5. Formal Citations

  1. Children's Media Ltd and Others v Singapore Tourism Board, CA 83/2008, [2008] SGCA 45
  2. Singapore Tourism Board v Children's Media Ltd, Suit No 175 of 2006, [2008] 3 SLR 981

6. Timeline

DateEvent
Event postponed to 1 October 2005 under the Second Agreement
Event postponed to 7-8 April 2006 under the Third Agreement
Third Agreement terminated by the appellants
Agency contracted to procure artistes for the Event
Appellants terminated the services of an agency contracted to procure artistes for the Event
Judgment delivered

7. Legal Issues

  1. Fraudulent Misrepresentation
    • Outcome: The court found that the third appellant had fraudulently misrepresented his ability to stage the event.
    • Category: Substantive
    • Sub-Issues:
      • Dishonest misrepresentation
      • Sham transaction
  2. Lifting the Corporate Veil
    • Outcome: The court lifted the corporate veil and held the third appellant personally liable for the refund of the monies.
    • Category: Substantive
    • Sub-Issues:
      • Lack of good faith
      • Corporate puppets
      • Alter ego

8. Remedies Sought

  1. Refund of monies paid

9. Cause of Actions

  • Breach of Contract
  • Fraudulent Misrepresentation

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Tourism
  • Entertainment

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Singapore Tourism Board v Children's Media LtdHigh CourtYes[2008] 3 SLR 981SingaporeThe current appeal is against the judgment in this case. The Court of Appeal affirmed the findings of the trial judge.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Listen Live
  • Core Finance
  • Third Agreement
  • Side Letter
  • Corporate Veil
  • Fraudulent Misrepresentation
  • Sponsorship Sums

15.2 Keywords

  • fraudulent misrepresentation
  • corporate veil
  • contract
  • Singapore Tourism Board
  • Children's Media Ltd
  • Listen Live
  • event sponsorship

17. Areas of Law

Area NameRelevance Score
Fraud and Deceit85
Misrepresentation80
Company Law75
Lifting corporate veil70
Contract Law65

16. Subjects

  • Contract Law
  • Corporate Law
  • Misrepresentation