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Aryan (SEA) Pte Ltd v Pure Group (Singapore) Pte Ltd [2025] SGHC 99
The prima facie standard of review applies to winding-up applications where the underlying debt is subject to an arbitration agreement, and the court will grant an injunction to restrain the winding-up application unless the debtor's cross-claim is an abuse of process.
Sw Chan Kit v Ntegrator Holdings Ltd [2025] SGHC 16
A debtor-company must show a substantial and bona fide dispute to resist a winding-up application, with the standard being the same as for resisting summary judgment.
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
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
Re HL Sensecurity Pte Ltd (formerly known as HL Integral Systems Pte Ltd) [2006] SGHC 135
A company may be wound up under s 254(1)(e), (f), and (i) of the Companies Act where it is insolvent, where directors have acted in their own interests, and where there is a breakdown in the relationship between shareholders such that the company cannot function.
United Overseas Bank Ltd v Ng Huat Foundations Pte Ltd [2005] SGHC 50
A stay of winding-up proceedings will not be granted where the pending appeal is an exercise in legal futility and constitutes an abuse of the court's process.
Eastern Pretech Pte Ltd v Kin Lin Builders Pte Ltd [2004] SGHC 195
The court will not set aside a winding up order where the company is insolvent and there is no realistic prospect of a scheme of arrangement succeeding, especially when creditors do not support it.
Re Bentimi Pte Ltd; In the Matter of Part X of the Companies Act, Chapter 50 (1994 Revised Edition) v In the Matter of Bentimi Pte Ltd [2003] SGHC 92
A winding-up petition based on a disputed debt where the debt is challenged on substantial grounds, such as forgery, should not be decided on the strength of a single document but should be resolved in a writ action.
Re Tiong Polestar Engineering (formerly known as Polestar Engineering (S) Pte Ltd [2003] SGHC 8
This case clarifies that creditors cannot retain garnishee order benefits if payment occurs after winding up begins. It also establishes that payments to associate companies within two years of a petition are considered unfair preferences.
Re Management Recruiters International (Asia) Pte Ltd (formerly known as Humana International (Asia) Pte Ltd) [2002] SGHC 179
A winding up petition should be dismissed where the debt is disputed on genuine and plausible grounds, and the court should not adjudicate on the merits of a commercial dispute in winding up proceedings.
Re Dayang Construction and Engineering Pte Ltd [2002] SGHC 123
A statutory demand under s 254(2)(a) of the Companies Act does not require a specific reference to the three-week period for payment, nor does it require a warning that failure to comply will lead to winding-up proceedings.
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.
DHJS HULL NO 2007-002 L.L.C. v SKAUGEN MARINE INVESTMENTS PTE. LTD.
Winding up proceedings should be dismissed where the debt is disputed on substantial grounds and the proceedings are used for collateral purposes.
DHJS Hull No 2007-002 LLC v Skaugen Marine Investments Pte Ltd [2018] SGHC 122
Winding up proceedings should be dismissed where the debt is disputed on substantial grounds and the proceedings are used for collateral purposes.
AnAn Group (Singapore) Pte Ltd v VTB Bank (Public Joint Stock Company) [2021] SGCA 112
The court's power to award costs under the SCJA does not encompass the power to order a petitioning creditor to bear a liquidator's remuneration and expenses; such power resides in the court's inherent powers, which are exercised only in exceptional circumstances involving fault
Slim Beauty House Co Ltd v MSB Beauty Pte Ltd [2019] SGHC 194
The court will not make an order for costs against a non-party to the winding-up proceedings, even if that non-party was ordered to bear liquidation expenses in a separate arbitration award.
Mercator & Noordstar NV v Velstra Pte Ltd (in liquidation) [2003] SGCA 37
A simple payment can constitute a 'transaction' under s 98 of the Bankruptcy Act, and the burden of proving that a transaction was at an undervalue rests on the party asserting it.