Wednesday, 26 July 2017

AHTC claiming $33 million against Town Councillors for actingin breach of fiduciary duties



Wow, $33 million. That's a huge sum of money.

AHTC has alleged that ALL PAYMENTS IT MADE TO FMSS (its then managing agent) ARE NULL AND VOID because its town councilors had acted in breach of their fiduciary duties.

The town council is claiming up to $33,717,535 against WP chief Low Thia Khiang; town council vice-chairman Sylvia Lim; Ms How Weng Fan, owner of FMSS, for payments made from July... 15, 2011 to July 14, 2015.

The Statement of Claim, filed in the High Court under the direction of the independent panel, alleges that Ms Lim and Mr Low "set up and/or allowed" such a system at the town council, which effectively enabled Ms How and her late husband Mr Danny Loh to be responsible for certifying work done, approving payments and/or signing cheques to FMSS and FMSI to benefit themselves.

In the statement, the town council said Mr Low and Ms Lim had, on or before May 15, 2011, decided purportedly on behalf of AHTC, that Ms How and her late husband Danny Loh would be instructed to set up and incorporate FMSS, which would be appointed as managing agent of AHTC without a tender being called. The decision followed the WP winning Aljunied GRC from the People's Action Party(PAP) in the May 7, 2011 general election.

Besides Mr Low, Ms Lim, and Ms How, other defendants named are WP MP and current town council chairman Pritam Singh; Mr Chua Zhi Hon, a former member of the WP Youth Wing executive committee; and Mr Kenneth Foo, deputy organising secretary of the WP and WP candidate in Nee Soon GRC in the 2015 general election

Ms Lim, Mr Chua and Mr Foo were members of the tenders and contracts committee of AHTC, which was chaired by Mr Singh.

The independent panel appointed in February to recover improper payments is chaired by Senior Counsel Philip Jeyaretnam. Its other members are Senior Counsel N. Sreenivasan and KPMG managing partner Ong Pang Thye.

The panel has the power to commence legal action on behalf of the town council for overpayments and payments without proper certification of work being done, among others. This can include mediation, arbitration and other court proceedings.

Its other powers include making demands and coming to settlements on behalf of AHTC.

The Housing Board had asked AHTC to appoint a third party to recover the improper payments made from town council funds.

A pre-trial conference date of Aug 31 has been listed.

http://www.straitstimes.com/singapore/ahtc-alleges-that-all-payments-totalling-33-million-made-to-ex-managing-agent-are-void?xtor=CS1-10

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