Singapore Legal Developments & Case Commentaries

Tag: undue preferences

The Consequences of Procuring an Unfair Preference Payment [Insolvency & Company Law] [Directors’ Duties and Liabilities]

Apr 25, 2016

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by

Alexander Pang

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

Case Commentary:Living the Link Pte Ltd v Tan Lay Tin Tina [2016] SGHC 67 (“Tina Tan”) The extent of a director’s liability for procuring the payment amounting to an undue preference under Singapore law (see s.329 of the Companies Act read with ss.100 to 103 of the Bankruptcy Act)) was considered for the first time…
Setting Aside Antecedent Transactions [Insolvency Law]

Jan 1, 2016

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by

Alexander Pang

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

*Case Commentary: Encus International Pte Ltd (In Compulsory Liquidation) v Tenacious Investment Pte Ltd and Ors [2015] SGHC 50 Avoidance of Antecedent Transactions Whilst the case addressed several issues (including the effect and application of an “entire agreement” clause – which was actually central to the outcome of the case on the facts), the main…