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Deutsche Bank AG Singapore Branch v ARJ Holding Ltd and Another [2025] SGHC 163
[Private Banking Disputes – Bank’s exercise of discretion to reduce value of client’s collateral]
In Deutsche Bank AG Singapore Branch v ARJ Holding Ltd and another [2025] SGHC 163, the Singapore High Court affirmed the claimant bank’s entitlement to reduce the value of the collateral in the portfolio of its client (the 1st defendant), resulting in a shortfall in the 1st defendant’s accounts. When the shortfall was not regularized, the claimant bank terminated the 1st defendant’s loan facilities and demanded full repayment of the 1st defendant’s loans.
Amongst other findings on the factual disputes, the Singapore High Court affirmed that there was an implied term of good faith in law to the bank’s exercise of its absolute discretion as contractually provided for, in that the claimant bank had to exercise its contractual discretion in a manner that is not arbitrary, capricious or perverse. On the facts, the Singapore High Court was satisfied that this implied term of good faith had not been breached by the claimant bank.