Introduction
When a company goes into insolvent liquidation, maximising recovery for the company’s legitimate creditors takes highest priority.
In order to better protect the interests of creditors, Singapore law has long recognised that a company in liquidation should be protected from frivolous lawsuits, in order to ensure that the liquidation process is carried out smoothly and efficiently without incurring additional costs depleting the company’s asset pool. This protection comes in two ways:
Liquidator remuneration in insolvency proceedings often raises difficult questions; especially in large corporate collapses where the work is extensive and the stakes are high. Courts must balance fair compensation with creditor protection, but approaches to fee assessment have varied across jurisdictions, leading to uncertainty and dispute.
Introduction
The Appellate Division of the Singapore High Court has in Goh Jin Hian v Inter-Pacific Petroleum Pte Ltd (in liquidation) [2025] SGHC(A) 7 allowed Dr Goh’s appeal against a US$146 million award, holding that breach of the duty of care, skill and diligence (the "Care Duty") does not automatically establish loss.
A. Introduction
The Singapore’s Court of Appeal’s recent decision in Natixis, Singapore Branch v Seshadri Rajagopalan and others and other appeals [2025] SGCA 29 serves as an important decision for the intersection between insolvency and admiralty laws. The decision addresses a dispute concerning admiralty statutory liens, examining whether the judicial managers of an insolvent ship owning company acted wrongfully by procuring the offshore arrest and judicial sale of a vessel, despite the appellants having issued admiralty in rem writs against it in Singapore.
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In Re King & Wood Mallesons and other matters [2025] SGHC 67, the General Division of the High Court of Singapore (High Court) granted recognition and reliefs under the UNCITRAL Model Law on CrossBorder Insolvency (Model Law) in respect of a consolidated reorganisation of three Chinese companies in the People’s Republic of China (PRC). This decision provides guidance to insolvency office-holders appointed under PRC law on the procedural requirements to seek recognition under the Model Law in Singapore.
Introduction
Introduction