Singapore High Court considers principles for granting permission to continue or commence legal action against a bankrupt

Wang Aifeng v Sunmax Global Capital Fund 1 Pte Ltd [2022] SGHC 271

The Court (per Goh Yihan JC) in this decision considered the principles for granting permission to continue or commence legal action against a bankrupt individual under s 327(1)(c)(ii), IRDA.

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Legal Lifecycle of a Business: All the contracts and legal issues your business may face from startup to acquisition to listing to liquidation

As a lawyer, I’ve worked with clients from startup founders to CEOs and Board Directors of listed companies. I get questions from time to time about their legal problems and shortfalls in their legal documentation. Just like it’s prudent to have annual medical check-ups on our health, businesses would do well to have regular legal health diagnostics.

This article explains the general legal issues and legal documents, contracts, and agreements which a business can expect to encounter through its lifecycle from founding to seed, from maturity to liquidation.

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Singapore High Court held employer not obliged to comply with its own employment policies: Kallivalap Praveen Nair v Glaxosmithkline Consumer Healthcare Pte Ltd [2022] SGHC 261

Interesting case: Kallivalap Praveen Nair v Glaxosmithkline Consumer Healthcare Pte Ltd [2022] SGHC 261

Ex-employee claimed that employer GSK breached its employment contract by failing to follow its own employment policies.

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Directors winding up companies under Singapore’s IRDA

Singapore Law; Legal; Lawyer

Significance: in Adip Mittal v Offshore Holding Company Pte Ltd [2022] SGHC 239, the General Division of the Singapore High Court (coram Goh Yihan JC) considered, in the first reported decision on this issue, the legal principles applicable to s 124(1)(b) of the Insolvency, Restructuring and Dissolution Act 2018 (IRDA), which allows directors to wind up companies. Prior to the IRDA, directors had no legal standing to wind up companies.

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SGHC on intention to repair in cost of cure damages claims

Singapore Law; Legal; Lawyer

Significance: the General Division of the Singapore High Court in JSD Corp Pte Ltd v Tri-Line Express Pte Ltd [2022] SGHC 227 (coram: Goh Yihan JC) clarified that a claimant’s intention to repair will be a very significant factor in the court’s assessment on whether to grant cost of cure damages in claims of breach of contract or negligent damage to property.

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Case: Singapore High Court grants declaratory judgment in default and varies default judgment in part

Powercom Yuraku Pte Ltd v Sunpower Semiconductor Ltd [2022] SGHC 211

Significance: This is the first time the Singapore court explained the legal basis on which: (a) a judgment granted in default of defence can be set aside in part; and (b) declarations can be made in default of defence or on admission or by consent. Goh Yihan JC explains in this judgment.

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