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 )

11 cases cited (7 SG, 4 foreign) Cited by 3 cases

Key facts

Court	High Court (General Division)
Decided	4 April 2023
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 4 April 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Insolvency Law — Winding up — Removal of liquidator Insolvency Law — Winding up — Meaning of a “creditor” under s 150(1) of the IRDA Insolvency Law — Winding up — Admission of a proof of debt for the limited purpose of voting at a creditors’ meeting

Practice Areas

Insolvency Law

Judges (1)

Goh Yihan Delivered

Counsel (7)

Oon & Bazul LLP Firm Selvam LLC Firm Ammani Mathivanan Counsel for the applicant Cumara Kamalacumar Counsel for the respondent Faustina Joyce Fernando Counsel for the respondent Han Guangyuan Keith Counsel for the applicant

Soo Ziyang Daniel Counsel for the respondent

Parties (3)

DB International Trust (Singapore) Limited Applicant

Kirkham International Pte Ltd (in liquidation) Respondent

Medora Xerxes Jamshid Respondent

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.

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.