20 Jul 2017
CHANG PUI YIN AND OTHERS v. BANK OF SINGAPORE LTD
- Citation
- CHANG PUI YIN AND OTHERS v. BANK OF SINGAPORE LTD
- Court
- Court of Appeal
- Case number
- CACV194/2016
The Court held that although the Service Agreement and Risk Disclosure clauses on their face applied to non‑discretionary accounts, on the facts and in light of the relationship, marketing representations and conduct of the relationship manager the Bank had assumed responsibility for recommendations; moreover reliance on the wide disclaimer clauses to avoid liability in those circumstances was unconscionable under Cap.458 and, in substance, those clauses excluded or restricted duties and failed the CECO reasonableness test. Therefore the Bank could not rely on the disclaimers and the judge's…