DA HUI SHIPPING (PTE.) LTD. (IN CREDITORS' VOLUNTARY LIQUIDATION) v AN RONG SHIPPING PTE. LTD. (IN LIQUIDATION)
Key facts
| Court | High Court (Appellate Division) |
|---|---|
| Decided | |
| Judges | Audrey Lim, See Kee Oon |
| Charges / claim | Civil Procedure, Insolvency Law |
| Counsel | Shook Lin & Bok LLP, Daniel Tan Shi Min (Daniel Chen Shimin), Ee Yong Chun Bernard, Hoang Linh Trang, Suresh Viswanath |
Source: [2024] SGHC(A) 6, High Court (Appellate Division), decided — eLitigation. Updated .
Catchwords
Practice Areas
Judges (2)
Counsel (5)
Case Significance
Da Hui Shipping (Pte) Ltd (in creditors' voluntary liquidation) v An Rong Shipping Pte Ltd (in liquidation) [2024] SGHC(A) 6 was a decision of the Appellate Division of the High Court in Originating Application No 58 of 2023, heard by See Kee Oon JAD and Audrey Lim J on 1 and 20 December 2023, with Audrey Lim J delivering the reserved judgment of the court on 19 February 2024. Da Hui Shipping sought permission to appeal against the dismissal of HC/OA 418/2023, which it had brought against An Rong Shipping. The application raised whether, under section 133(1) of the Insolvency, Restructuring and Dissolution Act 2018, permission is required to appeal a decision arising from an action or proceeding where permission to commence that action had previously been granted under section 133(1). The court answered in the negative and dismissed the application.
[2024] SGHC(A) 6 explained
DA HUI SHIPPING (PTE.) LTD. (IN CREDITORS' VOLUNTARY LIQUIDATION) v AN RONG SHIPPING PTE. LTD. (IN LIQUIDATION) ([2024] SGHC(A) 6) is a Singapore judgment decided by the High Court (Appellate Division) on 19 February 2024. It is categorised under Civil Procedure and 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 [2024] SGHC(A) 6 about?
DA HUI SHIPPING (PTE.) LTD. (IN CREDITORS' VOLUNTARY LIQUIDATION) v AN RONG SHIPPING PTE. LTD. (IN LIQUIDATION) ([2024] SGHC(A) 6) is a High Court (Appellate Division) decision from 2024. Its published catchwords are “Civil Procedure — Appeals — Leave” and “Insolvency Law — Winding up — Company wound up — Whether permission is required to proceed with an appeal against the company where lower court previously granted permission to commence action or proceeding against the company — Section 133(1) Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed)”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.
Which legislation does [2024] SGHC(A) 6 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.
Summary
Da Hui Shipping (Pte) Ltd, in creditors' voluntary liquidation, applied to the Appellate Division of the High Court for permission to appeal against a decision dismissing its claim against An Rong Shipping Pte Ltd, which was in liquidation, in a dispute arising from a loan agreement under which the two companies were joint and several borrowers. The application raised the question of whether, under section 133(1) of the Insolvency, Restructuring and Dissolution Act 2018, further permission was required to appeal where permission to commence or continue the action had already been granted. The court answered that question in the negative and dismissed the application, while directing Da Hui to file any notice of appeal within 14 days and making no order as to costs.
Is fresh permission needed to appeal against a company in liquidation under section 133(1) IRDA ([2024] SGHC(A) 6)?
In Da Hui Shipping v An Rong Shipping [2024] SGHC(A) 6, the Appellate Division held that where permission to commence an action against a company was previously granted under section 133(1) of the Insolvency, Restructuring and Dissolution Act 2018, no further permission is required to appeal that decision.
Statutes Cited
Cases Cited (4)
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Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2024] SGHC(A) 6)