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    DBS Bank Ltd v Tam Chee Chong & anor [2011] SGCA 47 (Singapore, Court of Appeal, 16 September 2011) and Rabobank International, Singapore Branch v Jurong Technologies Industrial Corp Ltd (Under Judicial Management) [2011] SGCA 48
    2011-11-28

    The companies at the heart of these two cases were Jurong Technologies Industrial Corporation Ltd ("JTIC") and its wholly owned subsidiary Jurong Hi-Tech Industries Pte Ltd ("JHTI") (collectively, the "Companies").

    Filed under:
    Singapore, Banking, Insolvency & Restructuring, Litigation, WongPartnership LLP
    Location:
    Singapore
    Firm:
    WongPartnership LLP
    The Court of Appeal's landmark decision on schemes of arrangement
    2012-02-20

    The Singapore Court of Appeal recently issued a landmark decision on schemes of arrangement in the case of The Royal Bank of Scotland NV & Ors v TT International Limited [2012] SGCA 9.

    Filed under:
    Singapore, Banking, Insolvency & Restructuring, Litigation, WongPartnership LLP
    Location:
    Singapore
    Firm:
    WongPartnership LLP
    Lim Lye Hiang v Official Assignee [2011] SGCA 56 (Singapore, Court of Appeal, 2 November 2011)
    2012-02-24

    The appellant was made bankrupt in January 1998. Some time after she had been made bankrupt, her sister passed away.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, WongPartnership LLP
    Location:
    Singapore
    Firm:
    WongPartnership LLP
    Singapore Court of Appeal holds common law tortious claims precluded by scheme of arrangement
    2012-03-08

    SAAG Oilfield Engineering (S) Pte Ltd (formerly known as Derrick Services Singapore Pte Ltd) v Shaik Abu Bakar bin Abdul Sukol & Anor and another appeal [2012] SGCA 7

    Filed under:
    Singapore, Employment & Labor, Insolvency & Restructuring, Litigation, Allen & Gledhill LLP, Court of Appeal of Singapore
    Location:
    Singapore
    Firm:
    Allen & Gledhill LLP
    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
    Jurong Technologies Industrial Corp Ltd (under judicial management) v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA
    2011-02-25

    In establishing that a debtor had unfairly preferred one creditor over others, it was not necessary to show that the debtor knew that it was insolvent or imminently insolvent, and further that the pressure on a debtor to pay one creditor only vitiates the desire to prefer if there were good commercial reasons for the payment to be made: -- Jurong Technologies Industrial Corp Ltd (under judicial management) v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA [2010] SGHC 357 (Singapore, High Court, 9 December 2010)

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, WongPartnership LLP, Debtor
    Location:
    Singapore
    Firm:
    WongPartnership LLP
    Foreign liquidators of unregistered foreign companies
    2011-03-21

    Introduction

    The Singapore High Court has confirmed that it will recognize the status and powers of a foreign liquidator in the liquidation of an unregistered foreign company in Singapore.

    Life cycle of a company

    Statistics from the Accounting and Corporate Regulatory Authority ("ACRA") of Singapore reveal that the increasing number of companies formed in Singapore (2004:17,151; 2009:26,414) is matched by a corresponding increase in the number of companies ceasing operations (2004:5,882; 2009:22,388).

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Rodyk & Davidson LLP, Share (finance), Bond (finance), Shareholder, Security (finance), Option (finance), Debt, Liquidation, Liquidator (law), Tax haven, Subsidiary, Singapore Exchange, Companies Act, Singapore High Court
    Location:
    Singapore
    Firm:
    Rodyk & Davidson LLP
    Parliament passes Insurance (Amendment) Bill 20112011: dealing with distressed insurers
    2011-04-28

    The Insurance (Amendment) Bill 2011 (the "Bill") was passed in Parliament on 11 April 2011.

    Filed under:
    Singapore, Insolvency & Restructuring, Insurance, Allen & Gledhill LLP
    Location:
    Singapore
    Firm:
    Allen & Gledhill LLP
    Unfair preference: what constitutes proper commercial considerations
    2011-05-03

    Introduction

    An unfair preference transaction will only be voided under the Companies Act if it is influenced by a desire to prefer the receiving party in the event of insolvency, and not if it is motivated by proper commercial considerations. In Tam Chee Chong and another v DBS Bank Ltd [2010] SGHC 331, the Singapore High Court had the opportunity to consider what constitutes proper commercial considerations.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Rajah & Tann Asia, Share (finance), Consideration, Debt, Singapore High Court
    Authors:
    Chua Beng Chye
    Location:
    Singapore
    Firm:
    Rajah & Tann Asia
    Arbitration
    2011-06-30

    Where a plaintiff sought to claw-back payments made to the defendant on the basis that they amounted to an unfair preference, or a transaction at an undervalue, or had been made with intent to defraud, held that such a claim could not be arbitrated but had to be dealt with in court proceedings:

    Filed under:
    Singapore, Arbitration & ADR, Insolvency & Restructuring, Litigation, WongPartnership LLP, Fraud
    Location:
    Singapore
    Firm:
    WongPartnership LLP

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