law – Page 2 – Singapore Legal Developments & Case Commentaries

Determining The Nature of Security – Case Commentary: Qilin World Capital Ltd v CPIT Investments Ltd and another appeal [2018] SGCA(I) 1 [Credit & Security]

Mar 8, 2018

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in Case Commentary, Commentary, Credit & Security, Food, law, Self Help

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.…

Getting The Deal Through: Insolvency & Restructuring 2018

Mar 5, 2018

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Alexander Pang

in Commentary, Cross-Border, Food, Insolvency, law, Liquidation & Bankruptcy, Publications, Restructuring & Rescue, Self Help

Getting The Deal Through: Insolvency & Restructuring 2018

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]

Feb 28, 2018

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Alexander Pang

in Case Commentary, Commentary, Company Law, Cross-Border, Food, Insolvency, law, Liquidation & Bankruptcy, Restructuring & Rescue, Self Help

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…

Contingent Liabilities As A Basis For The Composition of Debts [Insolvency Law] [Restructuring] [Company Law] [Companies Act] [Statutory Interpretation]

Feb 28, 2018

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Alexander Pang

in Commentary, Cross-Border, Food, law, Liquidation & Bankruptcy, Restructuring & Rescue, Self Help

In the freshly released judgment in Re Empire Capital Resources Pte Ltd [2018] SGHC 36, the Singapore High Court reiterated that a scheme of arrangement under Singapore law could lawfully release third-party claims, i.e. the creditors’ claims against entities / persons other than (or in addition to) the scheme applicant. A unique feature of the…

Construction of Contracts [Contract Law] [Employment Law]

Oct 23, 2017

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Alexander Pang

in Case Commentary, Commentary, Contract, employment, Food, law, Self Help

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…

Dealing With Sexual Harassment In The Workplace [Employment Law] [Sexual Harassment]

Oct 22, 2017

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Alexander Pang

in Commentary, employment, Food, law, Remedies, Self Help, Tort

The fall and the fall of Harvey Weinstein has been widely reported in the media, leading to the #MeToo campaign where victims of sexual harassment recall the plights they have faced. Drawing open the curtains to expose a beast most, if not all, people are afraid or embarrassed to discuss takes courage, and it is…

Re-Domicile to Restructure – “Good Forum Shopping” ?

Oct 13, 2017

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Alexander Pang

in Case Commentary, Commentary, Cross-Border, Food, Insolvency, law, Liquidation & Bankruptcy, Restructuring & Rescue, Self Help

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…

Pure Economic Loss and the Direct Liability of Company Directors In the Law of Tort [Company Law] [Tort Law]

Oct 11, 2017

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Alexander Pang

in Commentary, Food, law, Remedies, Self Help, Tort

An examination of the recent Singapore High Court decision in NTUC Foodfare Co-operative Ltd v SIA Engineering Co Ltd and another [2017] SGHC 250, and a consideration of the recoverability of pure economic loss in an alternative scenario.

Staying a Winding Up Application Based On An Adjudication Award [Insolvency Law] [Construction Law]

Oct 9, 2017

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Alexander Pang

in Commentary, Cross-Border, Food, law, Liquidation & Bankruptcy, Restructuring & Rescue, Self Help

Executive Summary In the unreported Singapore High Court decision in Strategic Construction Pte Ltd v JH Projects Pte Ltd [2017] SGHC 238 (the “Judgment”) (available on Singapore Law Watch here), the Singapore Court considered whether to stay a winding up application brought by the Plaintiff (“SCPL”) against the Defendant (“JHP”). SCPL’s application was premised on…

Finding Balance In The Practice Of Law

Aug 16, 2017

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Alexander Pang

in Commentary, Food, law, Self Help

Please find a link to an article here which, in my view, is a well written post that hits a little too close to home. What ways are there that we can enhance our practice, the way we practice and the manner in which we manage ourselves to be more efficient and effective at our…

Category: law