CA Dismisses Cherie Hearts’ Appeal against G8 Education Ltd.

CA Dismisses Cherie Hearts’ Appeal against G8 Education Ltd.
25 Sep 2012

On 24 September 2012, the Court of Appeal dismissed the appeal of Cherie Hearts Group International (CHGI) and 2 others against G8 Education Limited (G8). G8 had obtained a favourable High Court judgement earlier in the year against CHGI. Essentially, the High Court held that CHGI was wrong to claim that G8 had repudiated the Business Acquisition Contract (BAC) when it was itself in breach of its conditions precedent. As such, G8 succeeds in its counterclaim for specific performance of the BAC. The dismissal of CHGI’s appeal means that the decision of the High Court is upheld.

This is an important win for G8 as it leads to greater certainty for the future of the child care centres sold under the BAC. Harry Elias Partnership LLP acted for G8 in both the High Court and the Court of Appeal. 

Jenny Hutson, Chairperson of G8 Education Limited, said today that “the G8 Education Board was pleased by the initial decision of the High Court of Singapore and then the subsequent decision of the Court of Appeal. Ms Hutson praised Harry Elias Partnership LLP and Senior Counsel Mr Harry Elias for their professionalism and hard work which was displayed throughout the 20 months of the legal process. The G8 Education Board was particularly impressed by the dedication and impartiality of both Courts and the four Presiding Judges which reflects well on the Singapore nation and its people. G8 Education Limited is proud to be associated with the Government of Singapore and MCYS in the provision of services to the preschool child care and education sector in Singapore”.            

Managing Partner, Philip Fong, who was in the litigation team, added that: “ We are happy with the outcome. We believe in our clients’ case. The decision has vindicated our clients.”

G8 Education Ltd delivers high quality developmental and educational child care services throughout Australia. It operates and manages 134 child care centres across Australia. It is also the only ASX listed (ASX: GEM) child care centre operator in Australia.

In Singapore, G8 education Ltd operates Cherie Hearts Group International, the largest homegrown brand of childcare centres in Singapore, with more than 60 centres throughout the island.


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