Telemedia Pacific Group v Credit Agricole: Breach of Mandate & Authority of Signatory
In Telemedia Pacific Group Ltd v Credit Agricole (Suisse) SA, the High Court of Singapore heard an appeal regarding a decision to dismiss the third party's application for further and better particulars. Telemedia Pacific Group Ltd sued Credit Agricole for breach of mandate, alleging that the bank acted on the unauthorized signature of the third party, Yeh Mao-Yuan, and transferred shares to unauthorized parties. Credit Agricole claimed that Yeh Mao-Yuan was an authorized signatory. The court dismissed the appeal, finding that the identity of the defendant’s representatives to whom the third party was alleged to have made the representation was not necessary for the third party’s defence.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Telemedia Pacific Group sued Credit Agricole for breach of mandate. The court addressed whether the third party was an authorized signatory.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Telemedia Pacific Group Ltd | Plaintiff | Corporation | Other | Other | |
| Credit Agricole (Suisse) SA | Defendant | Corporation | Other | Other | Benedict Teo Chun-Wei, Ng Sook Zhen |
| Yeh Mao-Yuan | Third Party, Appellant | Individual | Appeal dismissed | Lost | John Wang Shing Chun, Eugene Leong Fu Sheng |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| John Wang Shing Chun | RHTLaw Taylor Wessing LLP |
| Eugene Leong Fu Sheng | RHTLaw Taylor Wessing LLP |
| Benedict Teo Chun-Wei | Drew & Napier LLC |
| Ng Sook Zhen | Drew & Napier LLC |
4. Facts
- Telemedia Pacific Group sued Credit Agricole for breach of mandate.
- The plaintiff claimed the defendant acted on the unauthorised signature of the third party.
- The defendant claimed the third party was an authorised signatory.
- The third party applied for further and better particulars.
- The assistant registrar dismissed the third party’s application.
- The third party appealed the assistant registrar's decision.
5. Formal Citations
- Telemedia Pacific Group Ltd v Credit Agricole (Suisse) SA (Yeh Mao-Yuan, third party), Suit No 379 of 2012 (Registrar's Appeal No 17 of 2013), [2013] SGHC 40
6. Timeline
| Date | Event |
|---|---|
| Suit filed (Suit No 379 of 2012) | |
| Judgment reserved | |
| Decision Date |
7. Legal Issues
- Breach of Mandate
- Outcome: The court did not make a ruling on the breach of mandate itself, but addressed a procedural issue related to it.
- Category: Substantive
- Authorisation of Signatory
- Outcome: The court did not make a ruling on the authorisation of signatory itself, but addressed a procedural issue related to it.
- Category: Substantive
- Further and Better Particulars
- Outcome: The court dismissed the third party's appeal for further and better particulars, finding that the identity of the person to whom the representation was made is not necessary for the third party’s defence.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Mandate
10. Practice Areas
- Litigation
11. Industries
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Sharikat Logistics Pte Ltd v Ong Boon Chuan | High Court | Yes | [2011] SGHC 196 | Singapore | Cited regarding the application of procedure for further and better particulars and that pleadings should not be confused with discovery, interrogatories, and evidence. |
| Marriott v Chamberlain | N/A | Yes | [1887] 17 QBD 154 | N/A | Cited regarding asking for names of people forming substantial parts of material facts. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Breach of mandate
- Authorised signatory
- Further and better particulars
- Representation
15.2 Keywords
- Breach of mandate
- authorised signatory
- further and better particulars
- Singapore
- High Court
16. Subjects
- Civil Procedure
- Banking
- Breach of Contract
17. Areas of Law
- Civil Procedure
- Banking Law