Scope of Duties in a Family Partnership – Court of Appeal Decides on Breach of Fiduciary Duties and Defence of Laches

There are certain fiduciary duties imposed on the partners of a partnership. Even in the context of a family partnership, where corporate governance practices may be conducted less formally, the courts have demonstrated that the same fiduciary duties continue to apply.

In Ng Lim Lee v Lee Gin Hong [2022] SGCA 47, the Singapore Court of Appeal held that the Appellant partner in a family partnership had breached his fiduciary duties by making use of the partnership’s assets for his personal expenses, and rejected the defence of laches (which was based on an alleged delay in bringing the claim). In reaching its decision, the Court set out the applicable principles in the doctrine of laches.

The Respondent was successfully represented in this appeal by Harish Kumar and Marissa Zhao of Rajah & Tann Singapore LLP.