Re: AAX Asia Private Limited (in interim judicial management)

[2023] SGHC 324 High Court (General Division) 15 November 2023 HC/CWU 180/2023 · HC/CWU 181/2023
15 cases cited (13 SG, 2 foreign) Cited by 2 cases

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 .

Catchwords

Practice Areas

Judges (1)

Counsel (8)

Gibson Dunn & Crutcher LLP Firm
Ministry of Law (IPTO) Firm
Rev Law LLC Firm Chua Sui Tong Counsel for the plaintiff Gan Jhia Huei Counsel for the plaintiff
Janica Tan Counsel for the third party
Peter Madden Counsel for the plaintiff
Troy Doyle Counsel for the plaintiff

Parties (3)

AAX Asia Private Limited (in interim judicial management) Plaintiff
AAX Singapore Private Limited (in interim judicial management) Plaintiff
Official Receiver Third Party

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.

Statutes Cited

Insolvency, Restructuring and Dissolution Act Cases on this Act →
Restructuring and Dissolution Act Cases on this Act →

Cases Cited (15)

SG (6)
[2017] SGHC 299 [2019] SGHC 228 [2020] SGHC 205 [2020] SGHC 224 [2023] SGHC 276 [2023] SGHC 83
SLR (7)
[1990] 2 SLR(R) 691 [1994] 2 SLR(R) 416 [2008] 4 SLR(R) 362 [2018] 1 SLR 763 [2019] 1 SLR 1046 [2021] 2 SLR 478 [2022] 5 SLR 991
UK (2)
[1972] AC 153 [1979] 1 All ER 599

Cited By (2)

Related cases

Other Singapore judgments on the same subject, most closely matched first.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC 324)