Tag: Singapore
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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…
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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).
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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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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.
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Getting The Deal Through: Insolvency & Restructuring 2018
Getting The Deal Through: Insolvency & Restructuring 2018
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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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![Contingent Liabilities As A Basis For The Composition of Debts [Insolvency Law] [Restructuring] [Company Law] [Companies Act] [Statutory Interpretation]](https://alexanderpang.com/wp-content/uploads/2018/02/file-18-2-18-8-12-50-pm.jpeg?w=1024)
Contingent Liabilities As A Basis For The Composition of Debts [Insolvency Law] [Restructuring] [Company Law] [Companies Act] [Statutory Interpretation]
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…
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Facilitating Rescue Finance
Introduction The Companies (Amendment) Bill 2017 passed on 10 March 2017 introduces several changes to the Companies Act (Cap. 50) (the “Act“). Amongst them are changes to the restructuring and insolvency regimes, although this is not yet in force (though passed into law). A significant change to the restructuring regimes is the introduction of “super…
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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…
![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)