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Court finds bankrupt ex-director personally liable for uncollected debts of the company

In SME Care Pte Ltd v Jannie Chan Siew Lee [2025] SGHC 27, the Singapore High Court held a bankrupt ex-director of a company personally liable to the company for failing to take steps to recover sums owed by third parties to the company. This update takes a brief look at the key takeaways from the decision.

Court finds bankrupt ex-director personally liable for uncollected debts of the company

In SME Care Pte Ltd v Jannie Chan Siew Lee [2025] SGHC 27, the Singapore High Court held a bankrupt ex-director of a company personally liable to the company for failing to take steps to recover sums owed by third parties to the company. This update takes a brief look at the key takeaways from the decision.

Singapore high court refuses back door appeal against arbitral institution's administrative decision

The Singapore High Court in DMZ v DNA [2025] SGHC 31 held that proceedings commenced by the claimant seeking review of an administrative decision made by the Singapore International Arbitration Centre were bound to fail. The decision is worthy of note as a rare instance of judicial authority considering the relationship between arbitral institutions and the parties to the arbitrations they administer, as well as the supervisory court's role in overseeing institutional arbitrations.

[SAL Prac]: Navigating Limitation Periods in Construction Contracts – Management Corporation Strata Title Plan No 4099 v KTP Consultants Pte Ltd [2024] 1 SLR 1226 [case comment]

The law on limitation periods in Singapore is well understood but still prone to much dispute in its application. This is especially so when dealing with when the “knowledge” required for commencing an action arises in the context of a construction dispute. This article examines some of the principles laid out in the case of Management Corporation Strata Title Plan No 4099 v KTP Consultants Pte Ltd [2024] 1 SLR 1226 and seeks to set out several key take-aways from the seminal decision of the Appellate Division.

[SAL Prac]: Void charges and statutory injunctions: Developments in the law of company liquidation – Group Lease Holdings Pte Ltd v Group Lease Public Co Ltd [2024] SGHC 302 [case comment]

Group Lease Holdings Pte Ltd v Group Lease Public Co Ltd [2024] SGHC 302 concerned an interim injunction application brought by the company and its liquidator, in the context of a clawback action against the company’s parent. Two important and novel issues were raised: (a) whether an unregistered charge is void against a provisional liquidator; and (b) whether the exercise of a charge created in circumstances rendering it an unfair preference may be restrained under s 270 of the Companies Act 1967 (2020 Rev Ed). This article addresses these twin developments in the law of company liquidation and their potential implications.

IPOS update on IP/IT dispute resolution in Singapore: March 2025

This update covers recent court decisions and featured articles, events and developments relating to IP/IT dispute resolution in Singapore in March 2025.

[SAL Prac]: Adult child maintenance in divorce proceedings – Who should apply? – XFD v XFE [2024] SGHCF 43 [case comment]

In a divorce, the parent with care and control of the child of the marriage will usually seek an order for maintenance of the child against the other parent in the ancillary matters hearing. However, what happens if the child is 21 years old or above? Should the child make an application for maintenance herself? Or can the parent to whom she is aligned make the application on her behalf?

[SAL Prac]: When bonds break – Practical tips for dealing with on-demand performance bonds disputes

Drawing upon the legal principles and illustrations from three recent Supreme Court cases, this article provides practical tips to employers and contractors embroiled in (or who wish to avoid being embroiled in) disputes involving on-demand performance bonds.

Moratorium for scheme of arrangement granted over liabilities incurred as trustee-manager

This update looks at the High Court decision of Re Dasin Retail Trust Management Pte Ltd [2025] SGHC 6 which is the first reported case in Singapore involving an application for a moratorium by a trustee of a business trust to restructure liabilities of both the business trust and the trustee.

2024 unpacked: Five insights that will shape the antitrust landscape in 2025

As antitrust and competition authorities continue to actively monitor markets and take enforcement action, businesses must stay ahead of the game. This update sets out five insights from 2024 that will shape the antitrust landscape in 2025.

Single-income and dual-income marriages: Identifying the applicable approach for the division of matrimonial assets – WXW v WXX [2025] SGHC(A) 2

In WXW v WXX [2025] SGHC(A) 2, the Appellate Division of the High Court clarified that whether a marriage is classified as single-income or dual-income in nature is dependent on the roles undertaken and discharged by the spouses during the marriage. This classification is significant as it determines the applicable approach for the division of matrimonial assets pursuant to s 112 of the Women’s Charter. This update discusses the decision.

[SAcLJ]: Tempering the harsh winds: Limiting the remedy of an account of profits

An account of profits compels a fiduciary to disgorge unauthorised gains. While justified on the basis that no one should gain from their wrongdoing, the courts have acknowledged the harshness and inflexibility of this remedy. This article argues that the conflicting approaches adopted by the courts can be reconciled into a coherent framework by incorporating the common law two stage framework of causation. It goes on to consider how this framework for causation can be operationalised in relation to an account of profits, so as to ensure that the remedy is applied in a manner that is both principled and just.

The limits of plea agreement: Oh Hin Kwan Gilbert v Public Prosecutor [2025] SGHC 22

How much weight does a plea agreement carry in the court’s decision? In Oh Hin Kwan Gilbert v Public Prosecutor [2025] SGHC 22, the High Court dismissed an appeal against a sentence of imprisonment despite the parties having agreed to seek a fine if the appellant pleaded guilty.

[SAcLJ]: Injunctions without a cause (of action)

Half a century ago, it was accepted that the court’s power to grant injunctions was limited to situations where the applicant had an independent underlying substantive right against the respondent. This notion is now generally considered outmoded, in view of the incremental development of novel forms of injunctions, many of which are “freestanding” in the sense of not requiring an independent underlying substantive right or cause of action. This article defends the modern position and argues that the rejection of “freestanding” injunctions in Gazelle Ventures v Lim Yong Sim [2024] 4 SLR 1066 represents a backward step that should not be followed.

[SAcLJ]: Valuing connection to the family, but rewarding effort, above all: reviewing the past ten years of matrimonial asset division cases

This article reviews the past ten years of matrimonial asset division cases, examining what comprises a matrimonial asset, and the two main approaches for dividing matrimonial assets in ANJ v ANK [2015] 4 SLR 1043 and TNL v TNK [2017] 1 SLR 609. It discusses the various factors used in these two approaches, eg, marriage length, whether it is single or double-income, and the extent of parties’ contributions.

Injunction Orders: Why is it the weapon of choice in fraud and asset recovery?

This update looks at the case of Ho Kai Xin v ByBit Fintech which underscores how breaching an injunction order can lead to severe legal and financial consequences.

Ignore an arbitration at your own risk: DEM v DEL [2025] SGCA 1

In DEM v DEL [2025] SGCA 1, the Court of Appeal considered among other things whether a non-participating party to an arbitration can challenge the award on grounds that the arbitrator failed to consider a point which was not put in issue.

Determining PDPA contravention: Judicial elucidation of deemed consent and consent exceptions

This update looks at the decision of Martin Piper v Singapore Kindness Movement [2024] SGDC 292 which provides instructive judicial guidance on, and a clear enunciation of the proper balance to be struck between the individual and the organizational needs under the PDPA.

[SAcLJ]: Damages for Tortious Injuries to Companion Animals: Walker Helen Debra v Soh Poh Geok [2021] SGMC 79 [Case Note]

The Magistrate’s Court’s decision in Walker Helen Debra v Soh Poh Geok [2021] SGMC 79 is the first published decision in Singapore that directly considers the principles applicable to an award of damages for tortious injury to a companion animal. This note tests the limits of the framework governing tortious remedies for damaged and destroyed chattels and argues for a shift away from the conventional “market value” analysis and the “total constructive loss” rule in favour of a holistic test of reasonableness in determining the recoverability of damages.

Valuing an Asset in an Undervalue Transaction Claim: Equitable Value or Market Value?

This update takes a look a the decision of SW Trustees Pte Ltd v Teodros Ashenati Tesemma and others [2024] SGHC 322 where the court laid down important principles on how to value the consideration received, and the consideration provided, for undervalue transaction claims under section 224 of the Insolvency, Restructuring and Insolvency Act 2018.


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