HYFLUX LTD (IN COMPULSORY LIQUIDATION) & 37 Ors v LUM OOI LIN

[2023] SGHC 113 High Court (General Division) 28 April 2023 HC/S 267/2022 ( HC/RA 42/2023 ) 30 min read
15 cases cited (1 SG, 14 foreign) Cited by 3 cases

Key facts

Court High Court (General Division)
Decided
Judge Goh Yihan
Charges / claim Civil Procedure
Counsel Davinder Singh Chambers LLC, Kenneth Tan Partnership, TSMP Law Corporation, Tan Kok Quan Partnership, Chin Yen Bing Arthur, Gitta Priska Adelya, Jaikanth Shankar, Kenneth Tan, Leong Qianyu, Ng Ka Luon Eddee, Rajvinder Singh Chahal, Sheiffa Safi Shirbeeni, Stella Ng Yu Xin, Teo Jin Yun Germaine

Source: [2023] SGHC 113, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (14)

Parties (39)

Bendemeer Infrastructure Pte Ltd (in creditors' voluntary liquidation) Plaintiff Eflux (Taizhou) Company Limited Plaintiff Eflux Singapore Pte Ltd (in creditors' voluntary liquidation) Plaintiff H J Newspring Limited Plaintiff Hydrochem (S) Pte Ltd (in compulsory liquidation) Plaintiff Hydrochem Membrane Products (Singapore) Pte Ltd Plaintiff Hyflux Asset Management Pte Ltd (in creditors' voluntary liquidation) Plaintiff Hyflux Capital (Singapore) Pte Ltd (in creditors' voluntary liquidation) Plaintiff Hyflux Consumer Products Pte Ltd Plaintiff Hyflux Energy Pte Ltd Plaintiff Hyflux Engineering (India) Private Limited Plaintiff Hyflux Engineering Pte Ltd Plaintiff Hyflux Filtech (Shanghai) Co, Ltd Plaintiff Hyflux Hi-Tech Product (Yangzhou) Co, Ltd Plaintiff Hyflux Innovation Centre Pte Ltd (in creditors' voluntary liquidation) Plaintiff Hyflux International Engineering Pte Ltd (in creditors' voluntary liquidation) Plaintiff Hyflux International Pte Ltd Plaintiff Hyflux Ltd (in compulsory liquidation) Plaintiff Hyflux Management and Consultancy Pte Ltd (in creditors' voluntary liquidation) Plaintiff Hyflux Membrane Manufacturing (S) Pte Ltd Plaintiff Hyflux Sip Pte Ltd (in creditors' voluntary liquidation) Plaintiff Hyflux Unitech (Shanghai) Co, Ltd Plaintiff Hyflux Utility (Oman) Pte Ltd Plaintiff Hyflux Utility (TJ) Limited Plaintiff Hyflux Water Trust Management Pte Ltd (in creditors' voluntary liquidation) Plaintiff Menaspring Utility (S) Pte Ltd (in creditors' voluntary liquidation) Plaintiff Menaspring Utility (Tlemcen) Pte Ltd (in creditors' voluntary liquidation) Plaintiff Newspring Utility Pte Ltd (in creditors' voluntary liquidation) Plaintiff Qurayyat Desalination SAOC Plaintiff Sinolac (Huludao) Biotech Co, Ltd Plaintiff Sinospring Utility Ltd (in liquidation) Plaintiff Spring China Utility Ltd (in liquidation) Plaintiff Tianjin Dagang Newspring Co, Ltd Plaintiff Tuasone Environmental Engineering Pte Ltd Plaintiff Tuasone Pte Ltd Plaintiff Tuaspring Pte Ltd (under receivership) Plaintiff Cosimo Borrelli Plaintiff Lum Ooi Lin Defendant Patrick Bance Plaintiff

Case Significance

Hyflux Ltd (in compulsory liquidation) and others v Lum Ooi Lin [2023] SGHC 113 is a judgment of Goh Yihan J in the General Division of the High Court, delivered on 28 April 2023 in Suit No 267 of 2022 (Registrar's Appeal No 42 of 2023). The action is brought by Hyflux Ltd and 37 other plaintiffs, comprising Hyflux group entities in various forms of liquidation or receivership together with Cosimo Borrelli and Patrick Bance, against the defendant Lum Ooi Lin. The catchwords identify the matter as concerning civil procedure and security for costs, arising on a Registrar's Appeal within the suit.

[2023] SGHC 113 explained

HYFLUX LTD (IN COMPULSORY LIQUIDATION) & 37 Ors v LUM OOI LIN ([2023] SGHC 113) is a Singapore judgment decided by the High Court (General Division) on 28 April 2023. It is categorised under Civil Procedure. Within this corpus it has since been cited by 3 other reported Singapore judgments, 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 113 about?

HYFLUX LTD (IN COMPULSORY LIQUIDATION) & 37 Ors v LUM OOI LIN ([2023] SGHC 113) is a High Court (General Division) decision from 2023. Its published catchwords are “Civil Procedure — Costs — Security”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

How influential is [2023] SGHC 113?

Within this corpus, [2023] SGHC 113 has been cited by 3 later reported Singapore judgments. 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.

Summary

Several Hyflux-group companies in liquidation and their liquidators appealed against a Senior Assistant Registrar's order requiring them to furnish security for the defendant Lum Ooi Lin's costs by way of a costs undertaking from litigation funders Omni Bridgeway. The issue was whether the funders' undertaking was an adequate form of security. Goh Yihan JC allowed the appeal, holding the undertaking adequate and ordering that security be provided by that joint undertaking to the court.

What was Hyflux Ltd (in compulsory liquidation) and others v Lum Ooi Lin [2023] SGHC 113 about?

Before Goh Yihan J, the matter concerned security for costs, a question of civil procedure, in Suit No 267 of 2022 brought by Hyflux Ltd and 37 other plaintiffs against the defendant Lum Ooi Lin, arising on Registrar's Appeal No 42 of 2023.

Who were the plaintiffs in Hyflux Ltd and others v Lum Ooi Lin [2023] SGHC 113?

The plaintiffs were Hyflux Ltd (in compulsory liquidation) and 37 others, comprising Hyflux group companies in compulsory or creditors' voluntary liquidation and receivership, together with Cosimo Borrelli and Patrick Bance, suing the defendant Lum Ooi Lin. The judgment was delivered on 28 April 2023.

Cases Cited (15)

SLR (1)
[2004] 3 SLR(R) 69
UK (6)
[1984] 1 WLR 1334 [2001] EWCA Civ 1917 [2002] EWCA Civ 1390 [2013] EWHC 658 [2015] EWHC 1122 [2021] 1 WLR 4630
AU (8)
[2002] NSWSC 541 [2004] WASC 52 [2009] VSC 97 [2013] NSWSC 1366 [2016] VSC 401 [2017] VSCA 293 [2018] NSWSC 746 [2021] VSC 609

Cited By (3)

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Legal concepts & references

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC 113)