Case Update: Re Conchubar Aromatics Ltd [2015] SGHC 322 – Scheme of Arrangement, Restraint Order

Singapore Law; Legal; Lawyer

Significance: High Court holds that an order restraining further proceedings in any action or proceeding against a company may be granted under s 210(10) even if no application had yet been made under s 210(1) for a meeting of creditors or members, provided there was a proposal of a compromise or arrangement sufficiently detailed as to indicate that was something definitive that could be put to the creditors shortly, and the application was made bona fides.

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Article: Appointment of deputies, court directions and statutory wills under the Mental Capacity Act

Singapore Law; Legal; Lawyer

Potential Scenarios 

What if a person sinks into a coma or becomes mentally impaired such that he is unable to make important decisions about his property and welfare. For example, money has to be withdrawn from his bank account to pay for medical expenses?

What if an elderly person has severe dementia and suddenly makes a substantial gift of money or property, or changes his will in a way, which is incongruous with his character?

What if a child is intellectually challenged and unable to make his own decisions about his property and welfare? In some instances, banks or other third party institutions may require the parent or guardian to provide documentary proof that he or she is legally authorised to make decisions on behalf of the child regarding those matters.

This is where the Mental Capacity Act comes in.

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Case Update: Five Ocean Corporation v Cingler Ship [2015] – interim orders in aid of international arbitration

Singapore Law; Legal; Lawyer

Five Ocean Corporation v Cingler Ship Pte Ltd [2015] SGHC 311

Significance: High Court exercised its powers under s 12A of the International Arbitration Act (Cap 143A, 2002 Rev Ed) (“the IAA”) on the basis of urgency and necessity to make an interim order to preserve the value of goods pending the resolution of arbitration.

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Article: Wills and Testamentary Dispositions

Singapore Law; Legal; Lawyer

What is a testamentary will?

A will is a legal document by a person declaring his intention on what should happen to his assets and personal matters after he passes on.

Proper drafting of a will is important. There are various legal rules and considerations pertaining to wills which should be noted. Once the testator has passed on, there is generally little that can be done to rectify errors or injustices arising out of a dead person’s will. Unclear and ambiguous wording in a will may potentially result in problems implementing the will or even its invalidity. It may also give rise to unnecessary litigation by the (potential) beneficiaries of the will.

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Case Update: Y.E.S. F&B Group Pte Ltd v Soup Restaurant Singapore [2015] – contractual interpretation

Singapore Law; Legal; Lawyer

Y.E.S. F&B Group Pte Ltd v Soup Restaurant Singapore Pte Ltd (formerly known as Soup Restaurant (Causeway Point) Pte Ltd) [2015] SGCA 55

Significance: principles of contractual interpretation. Court of Appeal allowed appeal on holdings of contractual interpretation based on evidential context.

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