Case: Court holds director-employee liable for mismanaging closure of businesses

Wee Ewe Seng Patrick John v True Yoga Pte Ltd [2023] SGHC(A) 26

Significance: A director or employee can be held liable for mismanaging the closure of a business, i.e., the manner of closing it down. They can be liable for causing damage to the brand equity of a company or group of companies.

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Case: Singapore High Court lays down framework for determining whether to not enforce a trust for illegality

Significance: The General Division of the High Court of Singapore (per Goh Yihan JC as he then was) laid down a legal framework adapted from that in Ochroid Trading* (in which the Singapore Court of Appeal established the framework for illegality in claims in contract and recovery in restitution) for determining whether to not enforce a trust for illegality (see [80]).

Lau Sheng Jan Alistair v Lau Cheok Joo Richard [2023] SGHC 196

* Ochroid Trading Ltd and another v Chua Siok Lui (trading as VIE Import & Export) and another [2018] 1 SLR 363

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Case: Singapore High Court holds that crypto assets are things in action which can be subject to a trust; orders constructive trust over stolen digital assets USDT

ByBit Fintech Ltd v Ho Kai Xin and others [2023] SGHC 199

Significant decision: The General Division of the High Court of Singapore (per curiam Philip Jeyaretnam J) has held that crypto assets are things or choses in action, and thus capable of being subject to a trust.

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Case: Singapore High Court holds that 2021 ROC allows court to order disclosure under Notice to Produce procedure equivalent in 2014 ROC

Interactive Digital Finance Ltd v Credit Suisse AG [2023] SGHC 198

Significance: Chua Lee Ming J held that under the 2021 Rules of Court (“ROC”), the court has the power to direct at a Case Conference, disclosure under the equivalent of a Notice to Produce procedure under the 2014 ROC.

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Case: SHC holds employer liable for copyright infringement by unauthorised software use

Siemens Industry Software Inc. (formerly known as Siemens Product Lifecycle Management Software Inc) v Inzign Pte Ltd [2023] SGHC 50

Employee installed unauthorised version of Siemens’ commercial software on a company laptop for his work without permission. Siemens sued the company for copyright infringement. Court held the company vicariously liable for the employee’s infringement but not directly or primarily liable.

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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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