[2013] SGCA 43

“72 - 139 at pp 179 - 214 (including the difficulties faced with The Achilleas), Out of the Box Pte Ltd v Wanin Industries Pte Ltd [2013] 2 SLR 363 (CA) and Sembcorp Marine Ltd v PPL Holdings Pte Ltd [2013] SGCA 43 (CA)]. [261] In Hong Kong, the Court of Final Appeal held in De Monsa Investments (supra, at p 597) that:”

“er what a party had in fact thought that a particular clause meant. The question is what would a reasonable person in the position of that party would have understood by the provision in question. 2 [2013] SGCA 43 **Note : Serial number will be used to verify the originality of this document via eFILING portal KPerak I”

“t[ed] that the traditional 'business efficacy' and 'officious bystander' tests are not central to the implication of terms” (reasoning which was followed in Sembcorp Marine Ltd v PPL Holdings Pte Ltd [2013] SGCA 43). The Singapore Court of Appeal were in my view right to hold that the law governing the circumstances in”

“t[ed] that the traditional 'business efficacy' and 'officious bystander' tests are not central to the implication of terms" (reasoning which was followed in Sembcorp Marine Ltd v PPL Holdings Pte Ltd [2013] SGCA 43). The Singapore Court of Appeal were in my view right to hold that the law governing the circumstances in”