KS Energy wins appeal; court clarifies contractual clause

Singapore

MAINBOARD-LISTED KS Energy Services has won an appeal against Malaysian company BR Energy (M) Sdn Bhd in a case which clarifies when a company can be deemed to have exercised "all reasonable endeavours" in the fulfilment of a contract.

It also marks the first-ever decision by Singapore's Court of Appeal as to the legal obligations entailed by this particular contractual clause.

"All reasonable endeavours", along with "reasonable endeavours" and "best endeavours" are terms frequently used in contracts, though their meanings have never been defined in legislation.

The Court of Appeal, in its judgment on KS Energy's case, noted that while the various usages of these phrases seem to sugge…