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Gonzalo Gil White v Oro Negro Drilling Pte Ltd and others [2024] SGCA 9
The court held that there was no identity of issues between the Singapore proceedings and the Mexican insolvency proceedings, and that judicial comity could not be applied to deny a permanent injunction where the foreign decisions were procured in breach of the court's own interi
Tan Yew Huat v Sin Joo Huat Hardware Pte Ltd and another matter [2024] SGCA 27
The court held that a valid settlement agreement was concluded between the parties and that the doctrine of common mistake was not applicable as the parties were aware of the trust arrangement. Furthermore, the availability of a voluntary winding up is a factor that militates aga
Nicholas Eng Teng Cheng v Government of the City of Buenos Aires [2024] SGCA 15
The law of incorporation (lex incorporationis) is the governing law for the lifting of a company's corporate veil, as it is inextricably linked to the company's separate legal personality.
Foo Kian Beng v OP3 International Pte Ltd (in liquidation) [2024] SGCA 10
In Foo Kian Beng v OP3 International Pte Ltd (in liquidation), the Court of Appeal of the Republic of Singapore addressed issues of Companies — Accounts ; Companies — Directors, Companies — Shares.
Lim Cheng San v Soup Empire Holdings Pte Ltd and other matters [2023] SGHC 84
A director has a presumptive right to inspect company documents under s 199 of the Companies Act, and the burden lies on the company to show that such access should be denied due to abuse of process.
Yap Sze Kam v Yang Kee Logistics Pte Ltd and another matter [2023] SGHC 43
The High Court dismissed applications for judicial management in Yap Sze Kam v Yang Kee Logistics, ruling that existing, professional receivership processes should not be disrupted when statutory purposes for judicial management are not met and creditors' interests are not served.
Dialectic PR LLC and another v Brilliante Resources International and another [2023] SGHC 39
In Dialectic PR LLC v Brilliante Resources International [2023] SGHC 39, the High Court held the 1st Defendant liable for breach of contract, awarding US$3.25M in damages. The claim against the 2nd Defendant was dismissed, clarifying the high threshold for director liability in inducing breach.
Marten, Joseph Matthew and another v AIQ Pte Ltd (in liquidation) and others [2023] SGHC 361
The court dismissed the minority oppression and conspiracy claims, finding that the plaintiffs lacked locus standi and failed to prove the existence of the alleged 'Understanding and Agreement' or any oppressive conduct.
Ng Yew Nam and others v Loh Sin Hock Anthony and others and another matter [2023] SGHC 351
In Ng Yew Nam v Loh Sin Hock Anthony [2023] SGHC 351, the High Court declared resolutions passed at an EGM invalid, ruling that barring incumbent directors from attending and speaking at meetings violates substantive rights under the Companies Act 1967 and cannot be cured by s 392.
Re Babel Holding Ltd (Parastate Labs, Inc and others, non-parties) [2023] SGHC 329
The court granted leave to convene a scheme meeting, finding that the proposed Deed Poll Structure and substantive consolidation were appropriate given the hopelessly intertwined affairs of the Babel Group, and that the creditor classification was correct as Parastate's claims we
Chen Songlin Michael v Attorney-General [2023] SGHC 293
In Chen Songlin Michael v Attorney-General, the High Court of the Republic of Singapore addressed issues of Companies — Directors.
Tan Yew Huat v Sin Joo Huat Hardware Pte Ltd and another matter [2023] SGHC 276
The court held that a winding up order on just and equitable grounds under s 125(1)(i) of the IRDA will generally be declined if the applicant has an alternative exit mechanism, such as a voluntary winding up, and no unfairness is established.
Elcarim Science Pte Ltd v Zhang Yongtai [2023] SGHC 211
In Elcarim Science Pte Ltd v Zhang Yongtai, the High Court of the Republic of Singapore addressed issues of Companies — Directors, Companies — Capital.
Deniyal bin Kamis v Mapo Engineering Pte Ltd and others [2023] SGHC 183
The judgment in Deniyal bin Kamis v Mapo Engineering Pte Ltd and others [2023] SGHC 183 represents a significant exploration of the boundaries of minority oppression under Section 216 of the Companies Act 1967 , particularly within the context of closely-held private companies ma
Fu Zhihui Alvin and another v Accounting and Corporate Regulatory Authority [2023] SGHC 177
The court held that a director who applied to strike off a company has locus standi to apply for its restoration, and that restoration is just where it confers a practicable benefit such as time and cost savings for future investments.
Adcrop Pte Ltd v Gokul Vegetarian Restaurant and Cafe Pte Ltd (Rajeswary d/o Sinan and another, non-parties) [2023] SGHC 152
A winding up application may be dismissed as an abuse of process if it is motivated by a collateral purpose, such as wresting control of a company's business, even if the company is insolvent.
Re Jiangshan Investment Consortium Ltd (in liquidation) [2007] SGHC 91
A liquidator holds funds as an officer of the court and not as a debtor to the contributories; therefore, such funds cannot be garnished. Furthermore, a 'Deed of Waiver Release and Instruction' can serve as a valid instruction to a liquidator regarding the distribution of surplus
International Connex Holdings Pte Ltd v Chan Shing On and Others [2007] SGHC 228
In International Connex Holdings Pte Ltd v Chan Shing On [2007] SGHC 228, the High Court dismissed most claims against the director, affirming that nominee directors must act in the company's best interest. The court ordered limited disclosure of financial reports and imposed personal costs.
Re Reliance National Asia Re Pte Ltd [2007] SGHC 206
The court has no jurisdiction to extend the time period for a creditor to file its proof of debt after a scheme of arrangement has been sanctioned by the court, as the scheme operates as a statutory contract.
Re Lee Tung Co (Pte) Ltd [2007] SGHC 197
The High Court ordered the winding up of Lee Tung Co (Pte) Ltd on just and equitable grounds, citing an irretrievable breakdown in director relationships and management deadlock. The court emphasized that winding up is necessary to prevent protracted litigation in dysfunctional family companies.
Viking Airtech Pte Ltd v Foo Teow Keng and Another [2007] SGHC 176
A director who diverts business opportunities from their company to a competing company in which they have an interest acts in breach of their fiduciary duties.
W&P Piling Pte Ltd (in liquidation) v Chew Yin What and Others [2007] SGHC 124
Directors of a company owe fiduciary and statutory duties to act honestly and bona fide in the interests of the company, and these duties are not extinguished or compartmentalised simply because the director also serves on the board of a holding company.
Yap Jeffery Henry v Seow Timothy and Others [2006] SGHC 6
The court found that the directors of the Company conspired to defraud the plaintiff by liquidating the Company to avoid paying a judgment debt and by transferring assets to a new entity while concealing proceeds in a secret bank account.
Golden Village Multiplex Pte Ltd v Phoon Chiong Kit [2006] SGHC 38
A director of two companies in litigation against each other must remain neutral and avoid conflicts of interest, as they cannot serve two masters when interests conflict.