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Trustee of the Estate of Ong Thiam Huat v Chan Hock Seng [2004] SGHC 232
A plaintiff in a negligence claim against a liquidator must prove that they suffered actual loss. Where the plaintiff's own evidence contradicts the existence of the debt allegedly lost, the claim fails.
Velstra Pte Ltd (in liquidation) v Dexia Bank NV (formerly known as Artesia Banking Corp NV) [2004] SGHC 23
A simple payment without more can be a 'transaction' under s 98 of the Bankruptcy Act, but it requires an element of intention on the part of the parties to transact with each other.
Lee Kiang Leng Stanley v Lee Han Chew (trading as Joe Li Electrical Supplies) [2004] SGHC 151
The court held that s 64(1) of the Bankruptcy Act is not limited to instances of defaults by a petitioner and allows the court to order security for part or all of a debt.
Re Kotjo Johanes Budisutrisno, ex parte International Factors Leasing Pte Ltd [2004] SGHC 133
The court has the power to allow amendments to a bankruptcy petition at any time under s 13 of the Bankruptcy Act, and r 102(2) of the Bankruptcy Rules does not operate as a time bar for such amendments.
Liquidator of W&P Piling Pte Ltd v Chew Yin What and Others [2004] SGHC 108
In Liquidator of W&P Piling Pte Ltd v Chew Yin What and Others, the High Court of the Republic of Singapore addressed issues of Insolvency Law — Winding up.
Re Jeyaretnam Joshua Benjamin, ex parte Indra Krishnan (No 2) [2004] SGHC 106
The court held that a bankruptcy order should not be discharged where the administration of the bankrupt's assets is incomplete and the bankrupt has failed to cooperate with the Official Assignee.
Re Lion City Holdings Pte Ltd [2003] SGHC 43
In Re Lion City Holdings Pte Ltd [2003] SGHC 43, the High Court dismissed an application to set aside an examination order under section 285 of the Companies Act, ruling that non-disclosure of a protective writ did not invalidate the order as it was not intended to mislead the court.
Velstra Pte Ltd v Mercator & Noordstar NV [2003] SGHC 35
A payment made by an insolvent company to a third party without consideration or for significantly less value constitutes a transaction at an undervalue under the Bankruptcy Act, and the court has no discretion to deny the liquidator's application for recovery once the statutory
United Overseas Bank Limited v Victor F A Fernandez [2003] SGHC 246
The court held that s 65(3) of the Bankruptcy Act refers to contingent liabilities, not contingent assets, and that a debtor cannot rebut the presumption of inability to pay debts under s 62 of the Act by mere assertions of future assets.
United Overseas Bank Ltd v Ishak bin Ismail [2003] SGHC 170
A creditor must take all reasonable steps to bring a statutory demand to a debtor's attention, and substituted service must be the most effective means of doing so.
Soh Lai Chan (mw) and Another v Kuah Peng Hock and Another [2003] SGHC 144
The court dismissed the claim, finding that the transfer of shares was a legitimate family asset distribution exercise. It ruled there was no intent to defraud creditors or deprive the plaintiff of her interest in matrimonial assets.
Rafiq Jumabhoy v Scotts Investments (Singapore) Pte Ltd (in compulsory liquidation) [2003] SGHC 119
The court has jurisdiction to grant leave retrospectively under s 262(3) of the Companies Act for a party to commence or continue an action against a company in compulsory liquidation.
Show Theatres Pte Ltd (in liquidation) v Shaw Theatres Pte Ltd and another application [2002] SGHC 61
Case Details * Citation: [2002] SGHC 61 * Case Number: CWU 319/2000, SIC 601418/2001, 601420/2001 * Decision Date: 28 March 2002 * Court: High Court of Singapore * Coram: Tan Lee Meng J * Judgment
Sia Leng Yuen v Ko Chun Shun Johnson [2002] SGHC 55
A statutory demand must accurately specify the nature and value of any security held by the creditor; failure to do so, or providing a zero value without cogent evidence, justifies setting aside the demand.
Delta Engineering & Construction Pte Ltd v Wiseco Trading Pte Ltd and Others [2002] SGHC 44
A conspiracy by unlawful means requires proof of a combination to commit an unlawful act with the intention of injuring the plaintiff. Section 73B(1) CLPA requires proof of intent to defraud creditors.
Mah Wand Hew v Ong Yew Huat & Another [2002] SGHC 281
The court held that the plaintiff was an employee of the defendant company, not the Guangzhou Hotel Equatorial, and thus entitled to claim outstanding salary and retrenchment benefits from the defendant company in liquidation.
C & K Credit Pte Ltd v Lee Chin Kwee Kalvin [2002] SGHC 245
The service of a statutory demand does not commence bankruptcy proceedings, and a notice of assignment can be served simultaneously with it. However, a statutory demand must properly account for deductions from proceeds of sale to be valid.
Soh Gim Chuan (private trustee of the estate of Goh Poh Choo in bankruptcy) v Koh Hai Keong and Another [2002] SGHC 130
The court held that solicitors holding client money in their client account are 'associates' of the client under s 101(5) of the Bankruptcy Act. However, the presumption of unfair preference under s 99(5) was rebutted as the legal fees were genuine and not excessive, and the paym
Wong Kwei Cheong v ABN-AMRO Bank NV [2002] SGHC 111
The court held that a statutory demand must be served in accordance with the prescribed manner under the Bankruptcy Rules, and failure to do so cannot be cured under s 158(1) of the Bankruptcy Act as a mere irregularity.
Toh Khim Eak v United Overseas Bank Limited and Another [2001] SGHC 6
A joint letter issued by two or more creditors to demand different debts owed to each of them is not a valid statutory demand under s 62 of the Bankruptcy Act.
Re Jeyaretnam Joshua Benjamin [2001] SGHC 46
A consent order is binding until it is set aside, and the court will only intervene in bankruptcy proceedings if the order is used as an engine of oppression against a debtor who is not unable to pay his debts.
Sia Leng Yuen v HKR Properties Ltd [2001] SGHC 331
The term 'security' in rr 94(5) and 98(2) of the Bankruptcy Rules refers only to security on the property of the debtor, not security provided by a third party.
Re Goh Chin Soon [2001] SGHC 264
The court has discretion under s 65(4) of the Bankruptcy Act to make a bankruptcy order if the debtor's challenge to the judgment debt or statutory demand is not bona fide or is doomed to fail.
Singapore Telecommunications Ltd v Official Assignee [2001] SGHC 184
The Official Assignee, when acting as a litigant in an action at law, is liable for costs in the same manner as any other litigant.