JCW

Justin was the counsel for the second respondent/ second defendant and assisted by Alvin. In dismissing the plaintiff’s appeal with costs, the Federal Court held that the plaintiff had not adduced any evidence of fraud, actual or equitable, or of any special circumstances that would have justified the lifting the veil of incorporation of the defendants. The pleading that the 1st and 2nd Defendants are part of a group of family companies with common/connected shareholders were insufficient and there is no further allegation that the plaintiff was not awarded the sub-contract works as a result of manipulation or abuse of the “single entity” by the defendants. Since the first defendant was not awarded the subcontract works for the project, the plaintiff also could not be awarded the sub-subcontract works and the pre-tender agreement was therefore void.