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    High Court sets aside search order; affirms strict approach - surreptitious behaviour insufficient if no possibility of destruction of relevant documents
    2016-05-09

    In a recent decision Peh Yeng Yok v Tembusu Systems Pte Ltd (formerly known  as  Tembusu Terminals Pte Ltd) and others [2016] SGHC 36, Judicial Commissioner Chua Lee Ming, sitting in the High Court, elaborated on the standard required to justify a search order (also known as an Anton Piller order). The Court emphasised in particular, that the onus was on the party seeking the search order to  show that  there is  a  real  possibility that the defendants will otherwise destroy documents that are relevant to the proceedings.

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Shook Lin & Bok
    Authors:
    Joseph Tay
    Location:
    Singapore
    Firm:
    Shook Lin & Bok
    Chan Siew Lee Jannie v Australia and New Zealand Banking Group Ltd [2016] SGCA 23 - Whether “third party security” has to be specified in a statutory demand
    2016-05-10

    In Chan Siew Lee Jannie v Australia and  New  Zealand Banking Group  Ltd  [2016] SGCA 23,  the Singapore Court of Appeal was faced with the issue of whether a statutory demand issued to a guarantor would be deemed defective and liable to be set aside if it did not include the details of a pledge given by the  principal debtor.

    Filed under:
    Singapore, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Shook Lin & Bok, Debtor
    Location:
    Singapore
    Firm:
    Shook Lin & Bok
    Swiber Holdings Limited in provisional liquidation
    2016-07-29

    Counterparties of Swiber Holdings Limited ("Swiber") and its group companies would do well to keep a close tab on any debts outstanding from the group.

    Swiber, an SGX-listed company in the oil fields services sector, issued an announcement in the early hours of Thursday 28 July 2016 stating that it filed an application in the Singapore High Court for a voluntary winding up on Wednesday afternoon, together with an application to place the company under provisional liquidation.

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Debt, Liquidation
    Authors:
    Prakash Pillai , Junxiang Koh
    Location:
    Singapore
    Firm:
    Clyde & Co LLP
    Singapore Court of Appeal clarifies scope of section 259 of Companies Act
    2015-09-29

    Seah Teong Kang v Seah Yong Chwan [2015] SGCA 48

    On 10 September 2015, the Singapore Court of Appeal issued a judgment in Seah Teong Kang v Seah Yong Chwan on section 259 of the Companies Act. Section 259 provides:

    “Any disposition of the property of the company, including things in action, and any transfer of shares or alteration in the status of the members of the company made after the commencement of the winding up by the Court shall unless the Court otherwise orders be void.”

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Allen & Gledhill LLP, Court of Appeal of Singapore
    Authors:
    Tay Yong Seng
    Location:
    Singapore
    Firm:
    Allen & Gledhill LLP
    Executive Summary
    2015-11-06

    The Defendant served 2 payment claims on the Plaintiff for work done up to end of November 2014 in the month of December 2014. It was common ground that the revised payment claim served on 26 December 2014 (“PC3R”), replaced the earlier payment claim dated 5 December 2014. • The Defendant then served a third payment claim (“PC4”) in the same payment claim period, i.e., on 30 December 2014, this time for work done up to end of December 2014. • PC3R was not withdrawn by the Defendant.

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, WongPartnership LLP, Limited liability partnership
    Location:
    Singapore
    Firm:
    WongPartnership LLP
    Singapore High Court allows agreement for sale of proceeds of claims by insolvent company to stand
    2015-07-30

    Re Vanguard Energy Pte Ltd [2015] SGHC 156

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Allen & Gledhill LLP, Singapore High Court
    Authors:
    Andrew Chan , Edward Tiong
    Location:
    Singapore
    Firm:
    Allen & Gledhill LLP
    Dynasty Line Ltd (in liquidation) v. Sia Sukamto & Anor [2013] SGHC 146
    2013-11-08

    The liquidators of the plaintiff Dynasty Line Ltd. ("Dynasty") brought proceedings against the first defendants ("Sia") and second defendant ("Lee") for breaches of duty owned to Dynasty while they were its directors.

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, WongPartnership LLP
    Location:
    Singapore
    Firm:
    WongPartnership LLP
    2012 in review: key legal and regulatory developments
    2012-12-20

    This table provides an overview of the key developments in 2012 to date.

    Filed under:
    Singapore, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Construction, Employment & Labor, Insolvency & Restructuring, Insurance, Intellectual Property, Litigation, Media & Entertainment, Real Estate, Tax, Allen & Gledhill LLP
    Location:
    Singapore
    Firm:
    Allen & Gledhill LLP
    Singapore Court of Appeal discusses when an agreement is "subject to contract"
    2011-11-23

    "Subject to contract" clauses are often used in commercial transactions to indicate that an agreement is incomplete until the terms of a formal contract have been settled

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Rajah & Tann Asia
    Location:
    Singapore
    Firm:
    Rajah & Tann Asia
    Singapore High Court dictates sentencing guidelines for undischarged bankrupt acting as director
    2011-01-26

    The Singapore High Court in Yap Guat Beng v Public Prosecutor laid down the sentencing guidelines for offences of an undischarged bankrupt acting as a director or being involved in the management of a company or a business.

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Allen & Gledhill LLP, Bankruptcy, Singapore High Court
    Location:
    Singapore
    Firm:
    Allen & Gledhill LLP

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