Ex-director at Lee Kim Tah-Woh Hup JV sued over breach of duties relating to CapitaLand project

A lawsuit filed by construction player Lee Kim Tah (LKT) against one of its former directors for alleged breach of duties has surfaced allegations that several ex-employees of CapitaLand in India had received corrupt payments in relation to work on a project there. 

The breach of duties relate to CapitaLand’s project in India, as well as other transactions, according to court documents seen by The Business Times. 

CapitaLand said that when the matter came to light in 2023, it investigated the matter and also went to the police. “Given the ongoing investigation, we are unable to comment further on the case.”

It also stressed that it is “fully committed to conducting business with the highest ethical standards and integrity, and has a zero-tolerance policy towards unethical conduct”. 

The former LKT employee being sued, Edmund Cheah Tiang Ann, was a director there from 2005 to 2023, during which time he oversaw its investments. He was also in charge of L&W Construction, which provided construction services to property projects in India, and CapitaLand was one of its clients. 

L&W is a subsidiary of a joint venture between LKT and Woh Hup, another construction player.

In the suit, LKT accused Cheah of allowing the subsidiary L&W to enter “dubious transactions” under his watch. 

The accusations against him chiefly involve L&W’s former managing director, Asaithambi Manickam, who, LKT has alleged, paid bribes to government officials and to employees of clients. 

It is said that in 2023, representatives from CapitaLand Group told Cheah and Manickam that “certain issues” had cropped up with L&W’s projects, which involve both LKT and Woh Hup.

CapitaLand representatives also purportedly informed Cheah and other Woh Hup directors that some of CapitaLand’s senior staff members had received payments from L&W in relation to a project in Pune, India.

In LKT’s statement of claim, Manickam is said to have approved the hiring of Harchan Consultants – where his wife is allegedly the sole shareholder and a director – as a recruitment firm.

“Harchan exploited L&W by earning recruitment commission on various senior personnel hires, who were then subsequently dismissed,” said LKT’s lawyers in the statement.

L&W entered into “unfavourable agreements” with vendors controlled by the relatives of Manickam, who is also said to have awarded inflated contracts to benefit himself and his family.

As well, Manickam has been accused of committing “fraudulent activities and serious misconduct” during his time in L&W, with the alleged fraud exceeding 20 billion Indian rupees (S$294 million).

These allegations were surfaced by whistle-blowers, comprising L&W’s clients and current and former employees. 

LKT is alleging that Cheah “sanctioned, acquiesced or was otherwise complicit” in L&W’s entry into these transactions, which it said “detrimentally affected LKT’s investment”, putting him in breach of his fiduciary duties and duties of fidelity owed to the company.

On Sep 30, 2023, Cheah resigned from LKT, but was allegedly re-hired by Woh Hup’s chairman Yong Tiam Yoon to be his personal adviser in the joint venture company – despite LKT’s repeated objections, the statement of claim said.

Cheah’s defence

In his defence, Cheah denied all the allegations made against him.

Responding, he said he acted under the direction of Lee Soon Teck and Edwin Lee – both since deceased – who ran LKT. After their deaths, he reported to Edwin Lee’s children, Mark and Nicole Lee.

Cheah added that his role was not limited to L&W or India, but extended to other group investments outside of Singapore, such as the UK and Indonesia. 

And as far as it related to L&W, Cheah claimed that LKT would take the lead on the subsidiary’s financial affairs; Woh Hup led the construction and related building business.

Cheah thus understood his role as that of monitoring the bids for construction projects, and to assess whether the works would over-run their budgets.

Further, he alleged that he initially visited India monthly to carry out his duties, spending at least 10 days for each trip. But from around 2017, he was asked by Lee Soon Teck and Edwin Lee to focus more on the investments in the UK and Indonesia. 

Cheah stressed that he does not reside in India, nor did he have oversight over all of L&W’s operational matters. 

Further, it was Woh Hup who appointed Manickam to the L&W board, Cheah alleged.

Manickam’s appointment as L&W managing director was also supported by Lee Soon Teck and Edwin Lee.

Therefore, he claimed that if any “dubious” transactions occurred, they were without his knowledge and consent.

Source: The Business Times © SPH Media Limited. Permission required for reproduction.

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