Title

Restitution for Victims of Fraud: Skandinaviska Enskilda Banken AB (Publ), Singapore Branch v Asia Pacific Breweries (Singapore) Pte Ltd

Publication Type

Case

Publication Date

12-2011

Abstract

The Court of Appeal decision in Scandinaviska Enskilda Banken AB (Publ), Singapore Branch v. Asia Pacific Breweries (Singapore) Pte Ltd raised many issues of law, including those of agency, banking, tort and restitution. This note will focus on the restitutionary issues. The Court of Appeal was put in a tough spot of having to balance the justice between two victims of fraud and this may have resulted in a decision that puts the law of unjust enrichment in a difficult position. In APBS, the Court of Appeal has the unenviable task of going down a difficult path of balancing justice between two victims of fraud. To make matters worse, the facts were complex and the restitutionary claim was complicated by issues of agency and fraud. But the Court of Appeal had come to the right result, which is a positive outcome for the victims of the fraud. However, it is hoped that the Court of Appeal may, in a suitable case in the future, revisit some of the points discussed in this note.

Keywords

restitution, unjust enrichment, failure of consideration, change of position, counter-restitution

Discipline

Asian Studies | Commercial Law

Research Areas

Commercial Law

Publication

Singapore Journal of Legal Studies

Volume

2011

Issue

2

First Page

570

Last Page

580

ISSN

0218-2173

Publisher

National University of Singapore Faculty of Law

Additional URL

http://www.heinonline.org/HOL/Page?handle=hein.journals/sjls2011&collection=journals&set_as_cursor=0&men_tab=srchresults&id=579

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