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.
Restraining Calls on Performance Bonds
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 […]
Enforcing Foreign Non-Monetary Judgments In Singapore
Enforcing Foreign Interlocutory Judgments or Injunctive Relief In Singapore
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“). […]
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.
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 […]
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 out.
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 […]
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 […]
An Obligation To Conduct “Due Inquiry” Prior To Termination For Cause? [Employment Law]
The Singapore High Court opines on what an employer’s duty is to conduct “due inquiry” prior to exercising its right of summary termination.