LAGUNA NATIONAL GOLF AND COUNTRY CLUB LTD v LIM HOW TECK

Q: Which legislation does [2023] SGHC 32 consider?

The judgment refers to Insolvency, Restructuring and Dissolution Act and Restructuring and Dissolution Act. The statutes cited are listed in full on this page, each linking to its primary text.

[2023] SGHC 32 High Court (General Division) 13 February 2023 HC/CWU 78/2022 · HC/OA 96/2022 18 min read

Key facts

Court	High Court (General Division)
Decided	13 February 2023
Judge	Chua Lee Ming
Charges / claim	Insolvency Law
Counsel	Chong Chia & Lim LLC, PK Wong & Nair LLC, WongPartnership LLP, Chong Kuan Keong, Gan Siu Min Cheryl, Joel Wang Pinwen, Lim Lian Kee, Paul Loy Chi Syann, Samuel Navindran, Tan Chee Meng, Tan Tse Hsien, Bryan (Chen Shixian), Tay Yan Xia

Source: [2023] SGHC 32, High Court (General Division), decided 13 February 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Insolvency Law — Winding up

Practice Areas

Insolvency Law

Judges (1)

Chua Lee Ming Delivered

Counsel (12)

Chong Chia & Lim LLC Firm PK Wong & Nair LLC Firm WongPartnership LLP Firm Chong Kuan Keong Counsel Defendant Gan Siu Min Cheryl Counsel Defendant Joel Wang Pinwen Counsel Third Party Lim Lian Kee Counsel Defendant Paul Loy Chi Syann Counsel Plaintiff Samuel Navindran Counsel Plaintiff Tan Chee Meng Counsel Plaintiff Tan Tse Hsien, Bryan (Chen Shixian) Counsel Third Party Tay Yan Xia Counsel Defendant

Parties (2)

Laguna National Golf and Country Club Ltd Defendant Lim How Teck Plaintiff

Case Significance

Lim How Teck v Laguna National Golf and Country Club Ltd and another matter [2023] SGHC 32 was decided by Chua Lee Ming J in the General Division of the High Court on 13 February 2023, in Companies Winding Up No 78 of 2022 and Originating Application No 96 of 2022. Laguna National Golf and Country Club Ltd owned the club in the eastern part of Singapore. Mr Lim How Teck, holder of an unsecured note the Company failed to redeem when it fell due, sought to wind up the Company on the ground that it was unable to pay its debts after it did not comply with a statutory demand. The Company opposed on the ground that Lim lacked standing, relying on a no-action clause in the trust deed permitting only the bond trustee to enforce unless directed by noteholders holding not less than one-fifth in nominal amount.

[2023] SGHC 32 explained

LAGUNA NATIONAL GOLF AND COUNTRY CLUB LTD v LIM HOW TECK ([2023] SGHC 32) is a Singapore judgment decided by the High Court (General Division) on 13 February 2023. It is categorised under Insolvency Law. It is a recent decision; within this corpus no later judgment has cited it yet. 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 32 about?

LAGUNA NATIONAL GOLF AND COUNTRY CLUB LTD v LIM HOW TECK ([2023] SGHC 32) is a High Court (General Division) decision from 2023. Its published catchwords are “Insolvency Law — Winding up”, 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 32 consider?

The judgment refers to Insolvency, Restructuring and Dissolution Act and Restructuring and Dissolution Act. The statutes cited are listed in full on this page, each linking to its primary text.

Summary

A noteholder sought to wind up Laguna National Golf and Country Club Ltd for inability to pay its debts after it failed to redeem an unsecured note, while the company sought an anti-suit injunction relying on a no-action clause in the trust deed that it said barred the noteholder's standing. The court held the no-action clause was not applicable, found the noteholder had standing and that the company could not pay its debts, granted the winding up order with liquidators appointed, and dismissed the company's anti-suit injunction application.

What was the basis of the winding-up application in Lim How Teck v Laguna National [2023] SGHC 32?

Mr Lim How Teck, holder of an unsecured note that the Company failed to redeem when it fell due, sought to wind up Laguna National Golf and Country Club Ltd on the ground that it was unable to pay its debts, after it did not comply with a statutory demand.

Why did the Company dispute Lim How Teck's standing in [2023] SGHC 32?

The Company relied on a no-action clause in the trust deed governing Lim's unsecured note, which permits only the bond trustee to take enforcement action unless it fails to comply with a direction from noteholders holding not less than one-fifth in nominal amount of the notes.