Re: KIRKHAM INTERNATIONAL PTE. LTD.

[2023] SGHC 19 High Court (General Division) 25 January 2023 HC/CWU 192/2020 ( HC/SUM 4037/2022 )

4 cases cited (0 SG, 4 foreign) Cited by 2 cases

Key facts

Court	High Court (General Division)
Decided	25 January 2023
Judge	Goh Yihan
Charges / claim	Insolvency Law
Counsel	Oon & Bazul LLP, Selvam LLC, Ammani Mathivan, Cumara Kamalacumar, Soo Ziyang Daniel

Source: [2023] SGHC 19, High Court (General Division), decided 25 January 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Insolvency Law — Winding up

Practice Areas

Insolvency Law

Judges (1)

Goh Yihan Delivered

Counsel (5)

Oon & Bazul LLP Firm Selvam LLC Firm

Ammani Mathivan Counsel for the third party

Cumara Kamalacumar Counsel for the applicant

Soo Ziyang Daniel Counsel for the applicant

Parties (2)

Kirkham International Pte Ltd Company

Medora Xerxes Jamshid Applicant

Case Significance

Re Kirkham International Pte Ltd (in compulsory liquidation) [2023] SGHC 19 is a General Division of the High Court decision delivered by Goh Yihan JC on 25 January 2023 in Companies Winding Up No 192 of 2020 (Summons No 4037 of 2022). The applicant, Medora Xerxes Jamshid, was appointed liquidator of Kirkham International Pte Ltd on 22 November 2020, following the company's winding up on the just and equitable ground under s 125(1)(i) of the Insolvency, Restructuring and Dissolution Act 2018 (IRDA). His application sought to appoint solicitors from Selvam LLC with effect from 28 April 2021 rather than the date of the application, raising the issue of whether the court has the power to retrospectively authorise the appointment of a solicitor under s 144(1)(f) of the IRDA.

Summary

The liquidator of Kirkham International Pte Ltd, wound up on the just and equitable ground under section 125(1)(i) of the Insolvency, Restructuring and Dissolution Act 2018, applied for authorisation to appoint solicitors from Selvam LLC with retrospective effect from April 2021, raising whether the court could retrospectively authorise such appointments under section 144(1)(f). The High Court authorised the appointment prospectively from the date of the order but, finding the liquidator had acted in good faith, ordered the legal costs incurred since April 2021 to be paid from the company's assets.

What issue did Re Kirkham International Pte Ltd consider ([2023] SGHC 19)?

The application raised whether the court has power to retrospectively authorise a liquidator's appointment of solicitors under s 144(1)(f) of the IRDA. Liquidator Medora Xerxes Jamshid sought to backdate the appointment of Selvam LLC to 28 April 2021, rather than the date of the application.

When was the liquidator of Kirkham International appointed ([2023] SGHC 19)?

Medora Xerxes Jamshid was appointed liquidator of Kirkham International Pte Ltd on 22 November 2020, after the company was wound up on the just and equitable ground under s 125(1)(i) of the Insolvency, Restructuring and Dissolution Act 2018.