KIRI INDUSTRIES LIMITED v SENDA INTERNATIONAL CAPITAL LIMITED & Anor

[2023] SGHC(I) 3 Singapore International Commercial Court 8 February 2023 SIC/S 4/2017 23 min read
9 cases cited Cited by 1 case

Key facts

Court Singapore International Commercial Court
Decided
Judges Anselmo Reyes, Kannan Ramesh, Roger Giles
Charges / claim Companies
Counsel Allen & Gledhill LLP, Drew & Napier LLC, Rajah & Tann Singapore LLP, Audie Wong Cheng Siew, Cheng Wai Yuen Mark, Chew Xiang, Dhivya Rajendra Naidu, Dinesh Dhillon Singh, Lim Dao Kai, Lim Wee Teck Darren, Margaret Joan Ling Wei Wei, Serene Chee Yi Wen, Soh Yu Xian Priscilla, Tan Tian Hui, Toh Kian Sing

Source: [2023] SGHC(I) 3, Singapore International Commercial Court, decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (3)

Counsel (15)

Parties (3)

Case Significance

Kiri Industries Ltd v Senda International Capital Ltd and another [2023] SGHC(I) 3 was decided in the Singapore International Commercial Court on 8 February 2023, in Suit No 4 of 2017, before Kannan Ramesh JAD, Roger Giles IJ and Anselmo Reyes IJ, with Kannan Ramesh JAD delivering the judgment. The SICC had earlier held that Senda International Capital Ltd engaged in oppressive conduct against Kiri Industries Ltd in relation to DyStar Global Holdings (Singapore) Pte Ltd, their joint venture vehicle, and ordered Senda to purchase Kiri's 37.57% shareholding in DyStar at a valuation assessed as at 3 July 2018 (the Buy-Out Order), which was upheld on appeal in Senda International Capital Ltd v Kiri Industries Ltd [2019] 2 SLR 1. This most recent tranche concerned the valuation of DyStar and Kiri's shareholding, turning primarily on the parties' competing expert evidence.

[2023] SGHC(I) 3 explained

KIRI INDUSTRIES LIMITED v SENDA INTERNATIONAL CAPITAL LIMITED & Anor ([2023] SGHC(I) 3) is a Singapore judgment decided by the Singapore International Commercial Court on 8 February 2023. It is categorised under Companies. Within this corpus it has since been cited by 1 other reported Singapore judgment, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2023] SGHC(I) 3 about?

KIRI INDUSTRIES LIMITED v SENDA INTERNATIONAL CAPITAL LIMITED & Anor ([2023] SGHC(I) 3) is a Singapore International Commercial Court decision from 2023. Its published catchwords are “Companies — Shares — Valuation of shares”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGHC(I) 3 consider?

The judgment refers to Evidence Act (Cap 97). The statutes cited are listed in full on this page, each linking to its primary text.

How influential is [2023] SGHC(I) 3?

Within this corpus, [2023] SGHC(I) 3 has been cited by 1 later reported Singapore judgment. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

What did the tranche in Kiri Industries v Senda International Capital [2023] SGHC(I) 3 concern?

The most recent tranche concerned the valuation of DyStar Global Holdings (Singapore) Pte Ltd and Kiri Industries Ltd's shareholding in DyStar. The question turned primarily on expert evidence, with Kiri and Senda each engaging valuation experts in support of their respective positions.

What was the Buy-Out Order in [2023] SGHC(I) 3?

After finding Senda had engaged in oppressive conduct against Kiri regarding their joint venture DyStar, the SICC ordered Senda to purchase Kiri's 37.57% shareholding in DyStar at a price based on a valuation assessed as at 3 July 2018. This was upheld on appeal in [2019] 2 SLR 1.

Statutes Cited

Cases Cited (9)

SG (2)
[2018] SGHC 231 [2022] SGCA(I) 5
SLR (7)
[2008] 2 SLR(R) 623 [2017] 1 SLR 141 [2018] 5 SLR 1 [2019] 2 SLR 1 [2021] 3 SLR 215 [2021] 5 SLR 1 [2021] 5 SLR 111

Cited By (1)

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Statutes interpreted in this judgment

Legal concepts & references

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC(I) 3)