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Singapore

Concorde Services Pte Ltd (in liquidation) v Ong Kim Hock and another [2024] SGHC 324

A director who misapplies company assets and fails to account for them breaches fiduciary duties and is liable for substitutive compensation.

Sushant Shukla· ·16 min read
Singapore

Duke Bakery Pte Ltd v Lin Liming and others [2024] SGHC 318

The court dismissed the claims against the directors and finance manager, finding that the alleged 'Transfer Agreement' was not established and that the loan in question was a temporary, short-term loan that the company was contractually bound to repay.

Sushant Shukla· ·13 min read
Singapore

Prometheus Marine Pte Ltd (in liquidation) v Pickering, Alan John and others [2024] SGHC 293

Directors of a company in liquidation are liable for breaches of fiduciary duties where they caused the company to make unjustified payments or incur expenses for their own benefit while the company was insolvent or of doubtful solvency.

Sushant Shukla· ·12 min read
Singapore

Inter-Pacific Petroleum Pte Ltd (in liquidation) v Goh Jin Hian [2024] SGHC 178

A director of an insolvent company owes a duty to consider the interests of creditors, and a failure to exercise reasonable diligence in monitoring the company's affairs, leading to the company being used as a vehicle for fraud, constitutes a breach of duty.

Sushant Shukla· ·18 min read
Singapore

Chong Hon Kuan Ivan v Levy Maurice and Others (No 2) [2004] SGHC 217

A director is not liable in tort for inducing a breach of contract by their company if they act bona fide and within the scope of their authority.

Sushant Shukla· ·13 min read
Singapore

DM Divers Technics Pte Ltd v Tee Chin Hock [2004] SGHC 191

Directors owe fiduciary duties to their companies, including the duty to act honestly and in good faith, and not to place themselves in a position of conflict. A director who misappropriates company funds is liable to compensate the company.

Sushant Shukla· ·13 min read
Singapore

Innovative Corp Pte Ltd v Ow Chun Ming and another [2019] SGHC 121

A director who resigns to exploit a maturing business opportunity of the company, which the company was actively pursuing, breaches their fiduciary duties. The director must account for profits derived from such breach, regardless of whether the company could have successfully ex

Sushant Shukla· ·14 min read
Singapore

Traxiar Drilling Partners II Pte Ltd (in liquidation) v Dvergsten, Dag Oivind [2018] SGHC 14

A director owes a fiduciary duty to act bona fide in the interests of the company, which includes a duty to take into account the interests of creditors when the company is in a parlous financial position.

Sushant Shukla· ·14 min read
Singapore

Bijynath s/o Ram Nawal v Innovationz Pte Ltd (Accounting and Corporate Regulatory Authority, intervener) [2019] SGHC 218

The court has broad discretion under s 344G(3) of the Companies Act to place persons in the position they would have been in had a company not been struck off, provided it is just to do so, and this discretion is not limited by the test for leave under s 155A(3).

Sushant Shukla· ·12 min read