Tag: Legal Developments
-
Restraining Calls on Performance Bonds
—
by
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…
-
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…
-
Till Annulment Do Us Part
An examination of the grounds on which a marriage is considered void under the Women’s Charter. Specifically, an evaluation as to whether a registered marriage may subsequently be annulled by the Registrar of Marriages due to gender reassignment of one of the parties to the registered marriage.
-
Recoverability Of Damages In The Law Of Tort By A Foreign Employee
Introduction In what must surely be considered to be a sound decision – both as a matter of law and moral principle – the Court of Appeal held that the position of a “foreign employee” is no different from that of a “local employee” insofar as the recovery of special damages arising from a tort…
-
Income Earned From Illegal Employment In Singapore Is Subject To Income Tax
Income earned in Singapore is subject to income tax, notwithstanding that the income was derived from an illegal employment agreement (in this case the lack of a relevant work pass entitling the employee to work in Singapore).
-
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.
-
Defining Actionable Defamation And Relevant Commercial Considerations
A summary of the legal principles relating to the tort of defamation in Singapore, an analysis of the difficulties in establishing such a claim and an evaluation of the business and commercial considerations which ought to be undertaken before filing a claim for defamation.
-
![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.…
-
Getting The Deal Through: Insolvency & Restructuring 2018
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]](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…
Singapore Legal Developments & Case Commentaries 