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Singapore

Re CEL Tractors Pte Ltd [2001] SGHC 72

A scheme of arrangement under s 210 of the Companies Act can validly discharge the liabilities of guarantors of the debtor company if the scheme expressly provides for such release and is approved by the court.

Sushant Shukla· ·13 min read
Singapore

Re Sogo Department Stores (S) Pte Ltd [2001] SGHC 70

An agency relationship does not automatically create a trust relationship over moneys collected by the agent; the intention of the parties and the arrangements for handling the money must be analysed to determine if the agent was bound to keep the money separate.

Sushant Shukla· ·12 min read
Singapore

Re Specialty Laboratories Asia Pte Ltd (fka Specialty Labratories Asia (Singapore) Pte Ltd [2001] SGHC 62

A registered office is not effectively changed until the statutory notice to the registrar has been given, and a company cannot rely on a presumption of regularity where the irregularity was caused by its own controlling mind.

Sushant Shukla· ·14 min read
Singapore

Re John While Springs (S) Pte Ltd [2001] SGHC 53

The court held that a minority shareholder's inability to work with the majority shareholder is insufficient to wind up a company on the just and equitable ground, especially where the petitioner has committed breaches of fiduciary duty.

Sushant Shukla· ·12 min read
Singapore

Tong Keng Meng v Inno-Pacific Holdings Ltd and Another [2001] SGHC 294

A proxy holder who votes contrary to the instructions of the member on a two-way proxy form casts a spoilt vote, but the proxy holder is not compellable to vote in accordance with the instructions.

Sushant Shukla· ·14 min read
Singapore

Lee Huay Kok v Attorney General [2001] SGHC 291

The court held that the power to grant leave under s 154(6) of the Companies Act is confined to cases where a disqualification order has been made under s 154(2), and does not extend to automatic disqualifications under s 154(1).

Sushant Shukla· ·13 min read
Singapore

Johannes Budisutrisno Kotjo v Ng Wei Teck Michael and Others [2001] SGHC 227

The court held that an employee is not entitled to compensation for unconsumed annual leave unless the employment contract expressly provides for it, and that judicial managers are not personally liable for liabilities incurred before their appointment.

Sushant Shukla· ·12 min read
Singapore

Re Beaufort Sentosa Development Pte Ltd [2001] SGHC 220

A company may reduce its share capital by cancelling and repaying preference shares even if it lacks sufficient profits to redeem them under s 70 of the Companies Act, provided the reduction is sanctioned by the court under s 73.

Sushant Shukla· ·13 min read
Singapore

Re Windsor Holdings Pte Ltd [2001] SGHC 22

A winding-up order is appropriate where a company is unable to pay its debts and fails to provide substantive proof of fresh financing, even if the company claims to have assets that could potentially cover the debt.

Sushant Shukla· ·13 min read
Singapore

Re Winpac Paper Products Pte Ltd [2000] SGHC 33

The court will not substitute its opinion for that of the management on business decisions honestly arrived at, and will deny an application for leave to bring a derivative action if the intended action is frivolous, vexatious, or bound to be unsuccessful.

Sushant Shukla· ·14 min read
Singapore

Tai Kim San and Another v Lim Cher Kia [2000] SGHC 269

In Tai Kim San v Lim Cher Kia [2000] SGHC 269, the High Court dismissed claims against a director, ruling no fiduciary duty exists to disclose preliminary, conceptual IPO plans to shareholders divesting their interests. The court emphasized that directors are not bound to disclose speculative strate

Sushant Shukla· ·8 min read
Singapore

Buildspeed Construction Pte Ltd (in liquidation) v Theme Corp Pte Ltd and Another [2000] SGHC 26

A transaction entered into by a company at an undervalue within the relevant time before winding up is voidable under s 329 of the Companies Act, mirroring the provisions of the Bankruptcy Act for individuals.

Sushant Shukla· ·14 min read
Singapore

Sri Jaya (Sendirian) Berhad v RHB Bank Berhad [2000] SGHC 206

In Sri Jaya (Sendirian) Berhad v RHB Bank Berhad, the High Court ruled the bank failed to exercise reasonable care in a mortgagee sale. The court awarded damages to the plaintiff, finding the bank's inadequate marketing resulted in a sale price significantly below the property's true market value.

Sushant Shukla· ·8 min read
Singapore

Jurong Readymix Concrete Pte Ltd v Kaki Bukit Industrial Park Pte Ltd (Chng Heng Tiu, Third Party) [2000] SGHC 174

A director who signs a guarantee without board consultation or authority, and without acting with reasonable diligence, breaches their fiduciary duties under s 157 of the Companies Act and is liable to indemnify the company for resulting losses.

Sushant Shukla· ·14 min read
Singapore

Leong Quee Ching Karen v Lim Soon Huat and others [2022] SGHC 309

In Leong Quee Ching Karen v Lim Soon Huat and others, the High Court of the Republic of Singapore addressed issues of Civil Procedure — Pleadings, Companies — Oppression.

Sushant Shukla· ·8 min read
Singapore

Phua Kiah Mai v The Kheng Chiu Tin Hou Kong and Burial Ground [2022] SGHC 36

In Phua Kiah Mai v The Kheng Chiu Tin Hou Kong and Burial Ground, the High Court of the Republic of Singapore addressed issues of Companies — Winding up.

Sushant Shukla· ·9 min read
Singapore

Syed Ibrahim Shaik Mohideen v Wavoo Abdusalam Shahul Hameed and others [2022] SGHC 307

In Syed Ibrahim Shaik Mohideen v Wavoo Abdusalam Shahul Hameed and others, the High Court of the Republic of Singapore addressed issues of Companies — Statutory derivative action.

Sushant Shukla· ·8 min read
Singapore

Re Brightoil Petroleum (S’pore) Pte Ltd [2022] SGHC 35

Analysis of [2022] SGHC 35, a decision of the High Court of the Republic of Singapore on 2022-02-18.

Sushant Shukla· ·9 min read
Singapore

Goh Heng Tee v Tiong Hin Engineering Pte Ltd and others [2022] SGHC 34

In Goh Heng Tee v Tiong Hin Engineering Pte Ltd and others, the High Court of the Republic of Singapore addressed issues of Companies — Statutory derivative action.

Sushant Shukla· ·9 min read
Singapore

Lim Tong Zhen Kevryn v Cheo Jean Sheng and others [2022] SGHC 315

In Lim Tong Zhen Kevryn v Cheo Jean Sheng and others, the High Court of the Republic of Singapore addressed issues of Companies — Oppression.

Sushant Shukla· ·8 min read
Singapore

Lim Lai Soon v Tan Hong Sin and others [2022] SGHC 289

In Lim Lai Soon v Tan Hong Sin and others, the High Court of the Republic of Singapore addressed issues of Companies — Shares; Trusts — Beneficiaries.

Sushant Shukla· ·8 min read
Singapore

Ang Xing Yao Lionel and another v Lew Mun Hung Joseph and others [2022] SGHC 277

In Ang Xing Yao Lionel and another v Lew Mun Hung Joseph and others, the High Court of the Republic of Singapore addressed issues of Companies — Oppression.

Sushant Shukla· ·9 min read
Singapore

Atlas Equifin Pte Ltd v Electronic Cash and Payment Solutions (S) Pte Ltd (Andy Lim and others, non-parties) [2022] SGHC 258

In Atlas Equifin Pte Ltd v Electronic Cash and Payment Solutions (S) Pte Ltd (Andy Lim and others, non-parties), the High Court of the Republic of Singapore addressed issues of Companies — Winding up, Insolvency Law — Winding up.

Sushant Shukla· ·9 min read
Singapore

Management Corporation Strata Title Plan No 4339 v Coral Edge Development Pte Ltd (dissolved) (Thio Khiaw Ping Kelvin and another, non-parties) [2022] SGHC 250

In Management Corporation Strata Title Plan No 4339 v Coral Edge Development Pte Ltd (dissolved) (Thio Khiaw Ping Kelvin and another, non-parties), the High Court of the Republic of Singapore addressed issues of Companies — Winding up.

Sushant Shukla· ·9 min read