Singapore tycoon Oei Hong Leong wins 'war of titans' over Canada property

Judge rules for Oei over four-year feud with big Canadian developer

An artist's impression of the waterfront property (left) in downtown Vancouver, which tycoon Oei Hong Leong (above) bought for C$40 million in 1989.
An artist's impression of the waterfront property (above) in downtown Vancouver, which tycoon Oei Hong Leong bought for C$40 million in 1989. PHOTO: CANADIAN METROPOLITAN PROPERTIES
An artist's impression of the waterfront property in downtown Vancouver, which tycoon Oei Hong Leong (above) bought for C$40 million in 1989.

Singapore tycoon Oei Hong Leong scored a major legal victory last week in the so-called war of the titans with one of Canada's biggest developers.

It followed a four-year feud that spanned both countries over a prime piece of waterfront property in downtown Vancouver worth more than $1 billion.

The battle, which began in Singapore's High Court in 2015, set Mr Oei against Concord Pacific Acquisitions, part of Canadian real estate giant Concord Pacific Group that was founded by Hong Kong tycoon Li Ka Shing. It is now run by Mr Terry Hui, whose family bought Mr Li's controlling stake in the 1990s.

At issue was whether there was an enforceable agreement struck on May 14, 2015, to jointly develop the site, which Mr Oei bought for C$40 million in 1989.

There were also questions about whether Concord had been honest in its dealings with Mr Oei.

The agreement called for Concord to pay Mr Oei C$250 million for 50 per cent of the shares in a company that owns the land.

Concord paid an initial deposit of C$10 million, but defaulted on the second payment of C$40 million following disputes over key details of the redevelopment plan.

Mr Oei sued Concord in Singapore in October 2015 to terminate the agreement and claim C$40 million. Concord then sued Mr Oei in Canada, alleging that it had an agreement with him and his companies to jointly develop the property. Concord also claimed Mr Oei had not negotiated in good faith.

After four years of legal tussles, Justice Peter Voith of British Columbia's Supreme Court found in favour of Mr Oei last Friday. He dismissed Concord's claim in its entirety and awarded Mr Oei costs.

The judge found that the parties had not reached agreement on certain terms that he considered essential for a valid contract.

"Concord is unable to establish that either the May 14 contract or May 14 agreement ... was entered into or created on May 14," he ruled.

"One or more essential terms had not been agreed to by the parties; there was no existing agreement between the parties."

The judge also found that Concord and its witness, Mr David Ju, the company's vice-president, were at times "dishonest".

Concord wrote to Mr Oei promising payment of the C$40 million "for sure" by a given date, knowing that this was not true, said Justice Voith.

He also found "pervasive difficulties with the evidence and conduct of Mr Ju. His evidence ... was, in numerous respects, dishonest".

Concord is considering an appeal, its lawyer, Queens Counsel J. Kenneth McEwan, told The Straits Times yesterday.

"Oei continues to hold the C$10 million today despite alleging no agreement," he said.

"A partial interest in the property had been sold to a Mr Weichang Yang in 2017 prior to trial commencing. The sale was not disclosed until Concord applied for disclosure during trial."

Mr Oei told The Straits Times: "For four years, I dropped everything to be involved in this case ... I want to build the best iconic project that will become a landmark for Vancouver."

He said he also intends to proceed with a lawsuit he brought against Concord and Mr Hui in Canada in March 2016 over an allegedly false claim they filed against him.

Mr Oei claimed Concord and Mr Hui had abused the court process and interfered with his rights to develop the site with other parties.

"Concord's lawsuit delayed the development of the project for a few years. But now, we can move ahead," Mr Oei said. He confirmed he has a joint agreement with Mr Yang, a Chinese national and silent investor, to develop the land.

Mr Oei's company, which owns and operates the site, has received re-zoning approval for the proposed mixed-use project, totalling 2.1 million square feet, to be renamed Expo Garden. It will include 1.4 million sq ft of residential space, 700,000 sq ft of retail and offices, a private sports club, an ice rink and a community centre. Construction is expected to start by the end of the year once Mr Oei's firm gets the redevelopment permit.

Join ST's Telegram channel and get the latest breaking news delivered to you.

A version of this article appeared in the print edition of The Straits Times on July 24, 2019, with the headline Singapore tycoon Oei Hong Leong wins 'war of titans' over Canada property. Subscribe