Re: AAX Asia Private Limited (in interim judicial management)
Key facts
| Court | High Court (General Division) |
|---|---|
| Decided | |
| Judge | Goh Yihan |
| Charges / claim | Insolvency Law |
| Counsel | Gibson Dunn & Crutcher LLP, Ministry of Law (IPTO), Rev Law LLC, Chua Sui Tong, Gan Jhia Huei, Janica Tan, Peter Madden, Troy Doyle |
Source: [2023] SGHC 324, High Court (General Division), decided — eLitigation. Updated .
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Case Significance
Re AAX Asia Pte Ltd (under judicial management) and another [2023] SGHC 324 is a grounds of decision of the General Division of the High Court by Goh Yihan J, issued on 15 November 2023 in Companies Winding Up Nos 180 and 181 of 2023. Goh Yihan J granted orders winding up AAX Singapore Private Limited and AAX Asia Private Limited, part of a corporate group operating a cryptocurrency business across jurisdictions including Singapore, Hong Kong and Malta, and provided grounds to explain the standing of an interim judicial manager to bring a winding-up application. The applications were brought under Part 8 of the Insolvency, Restructuring and Dissolution Act 2018, on grounds of inability to pay debts and the just and equitable ground.
Summary
These were applications to wind up AAX Singapore Private Limited and AAX Asia Private Limited, entities in a cryptocurrency exchange group placed under interim judicial management whose stability deteriorated after the FTX bankruptcy. A key issue was the standing of an interim judicial manager to bring winding-up applications, alongside whether the companies were unable to pay their debts or should be wound up on just and equitable grounds. The court found standing was established and granted the winding-up orders, to take effect from 17 October 2023.
What did Re AAX Asia Pte Ltd [2023] SGHC 324 decide?
Goh Yihan J granted orders winding up AAX Singapore and AAX Asia, part of a cross-border cryptocurrency group, and explained the standing of an interim judicial manager to bring a winding-up application under Part 8 of the Insolvency, Restructuring and Dissolution Act 2018.
On what grounds were the AAX companies wound up ([2023] SGHC 324)?
The applications in Companies Winding Up Nos 180 and 181 of 2023 were brought on the grounds of inability to pay debts and the just and equitable ground. Goh Yihan J granted the orders on 12 October 2023, with grounds issued 15 November 2023.
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Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2023] SGHC 324)