DB International Trust (Singapore) Limited v Medora Xerxes Jamshid & Anor

[2023] SGHC 83 High Court (General Division) 4 April 2023 HC/OA 707/2022 ( HC/SUM 583/2023 ) 54 min read
11 cases cited (7 SG, 4 foreign) Cited by 3 cases

Key facts

Court High Court (General Division)
Decided
Judge Goh Yihan
Charges / claim Insolvency Law
Counsel Oon & Bazul LLP, Selvam LLC, Ammani Mathivanan, Cumara Kamalacumar, Faustina Joyce Fernando, Han Guangyuan Keith, Soo Ziyang Daniel

Source: [2023] SGHC 83, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (7)

Parties (3)

Case Significance

DB International Trust (Singapore) Ltd v Medora Xerxes Jamshid and another [2023] SGHC 83 was heard in the General Division of the High Court by Goh Yihan JC, with judgment reserved and delivered on 4 April 2023 in Originating Application No 707 of 2022 and Summons No 583 of 2023. The applicant sought the removal of the first respondent, Medora Xerxes Jamshid, as liquidator of Kirkham International Pte Ltd (in liquidation), and the appointment of Mr Luke Anthony Furler and Ms Ellyn Tan Huixian of Quantuma (Singapore) Pte Ltd in his stead; alternatively, an order that a creditors' meeting be summoned to consider a committee of inspection. The matter raised the meaning of a "creditor" under s 150(1) of the IRDA and admission of a proof of debt for the limited purpose of voting.

[2023] SGHC 83 explained

DB International Trust (Singapore) Limited v Medora Xerxes Jamshid & Anor ([2023] SGHC 83) is a Singapore judgment decided by the High Court (General Division) on 4 April 2023. It is categorised under Insolvency Law. 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 83 about?

DB International Trust (Singapore) Limited v Medora Xerxes Jamshid & Anor ([2023] SGHC 83) is a High Court (General Division) decision from 2023. Its published catchwords are “Insolvency Law — Winding up — Removal of liquidator”, “Insolvency Law — Winding up — Meaning of a “creditor” under s 150(1) of the IRDA”, and “Insolvency Law — Winding up — Admission of a proof of debt for the limited purpose of voting at a creditors’ meeting”, 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 83 consider?

The judgment refers to Bankruptcy Act (Cap 20), Companies Act (Cap 50), 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.

What earlier Singapore cases does [2023] SGHC 83 cite?

Among the in-corpus authorities it refers to are [2023] SGHC 19. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.

How influential is [2023] SGHC 83?

Within this corpus, [2023] SGHC 83 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

DB International Trust (Singapore) Limited, trustee of secured bonds linked to a subsidiary of Kirkham International Pte Ltd (in liquidation), applied to remove the company's liquidator and appoint replacements, along with related orders on a creditors' meeting and proofs of debt. The issues included the meaning of a creditor under s 150(1) of the IRDA and the grounds for removing a liquidator. The High Court allowed the removal and appointed the applicant's nominees, while declining to order the liquidator to bear costs personally.

What orders did the applicant seek in DB International Trust v Medora Xerxes Jamshid [2023] SGHC 83?

The applicant sought to remove Medora Xerxes Jamshid as liquidator of Kirkham International Pte Ltd and appoint Luke Anthony Furler and Ellyn Tan Huixian of Quantuma (Singapore) Pte Ltd instead, or alternatively to convene a creditors' meeting to consider a committee of inspection.

What insolvency issues arose in [2023] SGHC 83?

The application under the Insolvency, Restructuring and Dissolution Act 2018 raised the removal of a liquidator, the meaning of a "creditor" under s 150(1) of the IRDA, and admission of a proof of debt for the limited purpose of voting at a creditors' meeting. Goh Yihan JC heard the matter.

Statutes Cited

Cases Cited (11)

SG (4)
[2010] SGHC 134 [2010] SGHC 375 [2022] SGHC 312 [2023] SGHC 19
SLR (3)
[2006] 3 SLR(R) 427 [2018] 3 SLR 687 [2022] 3 SLR 539
AU (2)
[2012] NSWSC 1002 [2012] NSWSC 1215
MY (2)
[1979] 2 MLJ 156 [1990] 3 MLJ 269

Cited By (3)

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC 83)