Category: Case Commentary
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Appeals from the General Division of the High Court
In the Court of Appeal judgment of Wei Fengpin v Raymond Low Tuck Loong and ors [2021] SGCA 115 (the “Judgment”), the Court addressed whether appeals from the General Division of the High Court (the “General Division”) should properly be made to the Court of Appeal (the “Court of Appeal“) or to the Appellate Division…
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The Interpretation of Defects Liability Provisions in Construction Contracts
An analysis of the interplay between defects liability provisions and a claimant’s common law right to sue for damages for breach of contract.
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Restraining Calls on Performance Bonds
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Case Commentary [Contract Law / Performance Bonds / Evidence] In the decision by the #Singapore Court of Appeal (the “SCA“) in Bintai Kindenko P/L v Samsung C&T Corp and Anor [2019] SGCA 39 (the “Judgment“) the SCA upheld the High Court’s decision to discharge an interim *preventing* a party from calling on a performance bond (a “PB“), i.e. the…
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Enforcing Foreign Non-Monetary Judgments In Singapore
Enforcing Foreign Interlocutory Judgments or Injunctive Relief In Singapore
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Schemes of Arrangement: Threshold of Disclosure When Seeking Leave to Call a Scheme Meeting
The recent Singapore Court of Appeal judgment in Pathfinder Strategic Credit LP v Empire Capital Resources Pte Ltd [2019] SGCA 29 (the “Judgment“) – accessible here – is a timely reminder of a corporate debtor’s obligations when applying to restructure its debts under Singapore’s Companies Act (the “Act“). Simply put, the main thrust of the…
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Winding Up To Unlock Deadlock: A Cautionary Tale
A case commentary on the Singapore Court of Appeal decision in Perennial (Capitol) Pte Ltd and Anor v Capitol Investment Holdings Pte Ltd and Ors [2018] SGCA 11, as well as certain legal and practical takeaways.
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![Determining The Nature of Security – Case Commentary: Qilin World Capital Ltd v CPIT Investments Ltd and another appeal [2018] SGCA(I) 1 [Credit & Security]](https://alexanderpang.com/wp-content/uploads/2018/03/36856262624_5d27964492_k.jpg?w=1024)
Determining The Nature of Security – Case Commentary: Qilin World Capital Ltd v CPIT Investments Ltd and another appeal [2018] SGCA(I) 1 [Credit & Security]
In the Singapore Court of Appeal’s judgment in Qilin World Capital Ltd v CPIT Investments Ltd and another appeal [2018] SGCA(I) 1 (available as of 8 March 2018 on Singapore Law Watch here) (the “Judgment“), the Court was tasked to determine the nature of security granted by one party to another in consideration of a loan.…
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![Case Commentary: Perennial (Capitol) Pte Ltd and Anor v Capitol Investment Holdings Pte Ltd and Ors [2018] SGCA 11 [Insolvency Law] [Just & Equitable Winding Up Applications] [Shareholders’ Disputes] [Management / Shareholder Deadlock]](https://alexanderpang.com/wp-content/uploads/2018/02/40068185692_184c61138f_k.jpg?w=1024)
Case Commentary: Perennial (Capitol) Pte Ltd and Anor v Capitol Investment Holdings Pte Ltd and Ors [2018] SGCA 11 [Insolvency Law] [Just & Equitable Winding Up Applications] [Shareholders’ Disputes] [Management / Shareholder Deadlock]
A review of – and commentary concerning – the Singapore Court of Appeal’s decision in Perennial (Capitol) Pte Ltd and Anor v Capitol Investment Holdings Pte Ltd and Ors [2018] SGCA 11, concerning what constitutes “deadlock” in the context of an application to wind up a company on just and equitable grounds where shareholders have fallen…
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![Construction of Contracts [Contract Law] [Employment Law]](https://alexanderpang.com/wp-content/uploads/2017/10/11867036843_40fa74d02e_k.jpg?w=1024)
Construction of Contracts [Contract Law] [Employment Law]
This post concerns the Singapore High Court’s recent decision in Law Beng Chong Gary v The Wellness Group Pte Ltd [2017] (published on Singapore Law Watch here) (the “Judgment“) concerning principles of contractual construction. Justice Hoo Sheau Peng reiterated the principles applicable to contractual interpretation at [18] of the Judgment, holding as follows:- “As this…
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Re-Domicile to Restructure – “Good Forum Shopping” ?
As of 11 October 2017, foreign companies meeting the relevant criteria may “re-domicile” in Singapore, effectively becoming Singapore companies. This is in line with the amendments to the Companies Act made earlier in March this year. Apart from the consequences of re-domiciliation highlighted in the Business Times article available here, it is also likely that…
Singapore Legal Developments & Case Commentaries 