Alexander Vogel and Marc Baumberger, MLL Legal
This is an extract from the 2024 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.
In the recent decision of Foo Kian Beng v OP3 International Pte Ltd (in liquidation) [2024] SGCA 10 (dated 27 March 2024), the Singapore Court of Appeal upheld a director’s breach of duty by authorising the payment of a dividend and the repayment of a loan to himself. The decision, considering Sequana, sheds further important light on the directors’ duty to consider or act in the interest of the company’s creditors, coined as “creditor duty”.
The Facts – Briefly Stated
Background
On 12 March 2024, the Court dismissed an application by the Petitioner to reverse the adjudication of the Joint and Several Liquidators (“Liquidators”) over its proof of debt, which was based on a default judgment obtained against the Company (“POD”).
On 29 January 2024, the Honourable Madam Justice Linda Chan made a winding-up order against China Evergrande Group (“Company”), setting into motion one of Hong Kong’s largest liquidations. Parties at the hearing were represented by three senior counsel and three juniors from DVC.
The Company is the ultimate investment holding company of Evergrande Real Estate Group, which is one of China’s largest and most indebted property developers.
Gregg Galardi, Matthew Czyzyk, Natalie Blanc and Emily Ma, Ropes & Gray
This is an extract from the 2024 edition of GRR's the Americas Restructuring Review. The whole publication is available here.
Richard J Cooper, Lisa M Schweitzer and Richard C Minott, Cleary Gottlieb Steen & Hamilton
This is an extract from the 2024 edition of GRR's the Americas Restructuring Review. The whole publication is available here.
Fabio Guzmán-Saladín and Pamela Benzán Arbaje, Guzmán Ariza
This is an extract from the 2024 edition of GRR's the Americas Restructuring Review. The whole publication is available here.
John Wasty, John Riihiluoma, Lalita Vaswani and James Batten, Appleby
This is an extract from the 2024 edition of GRR's the Americas Restructuring Review. The whole publication is available here.
In summary
Ken Baird, Katharina Crinson, Guilhem Bremond, Michael Broeders, Charlotte Ausema, Jan-Philip Wilde, Ana López, Silvia Angós, Mark Liscio and Samantha Braunstein, Freshfields Bruckhaus Deringer
This is an extract from the 2024 edition of GRR's the Americas Restructuring Review. The whole publication is available here.
Mark Goodman, Katie Logan and Jordie Fienberg, Campbells
This is an extract from the 2024 edition of GRR's the Americas Restructuring Review. The whole publication is available here.