MICHAEL A. BAKER (EXECUTOR OF THE ESTATE OF CHANTAL BURNISON, DECEASED) v BCS BUSINESS CONSULTING SERVICES PTE LTD & 2 Ors
Key facts
| Court | Singapore International Commercial Court |
|---|---|
| Decided | |
| Judges | Andre Maniam, Christopher Scott Sontchi, Dominique Hascher |
| Charges / claim | Contempt of Court, Companies |
| Counsel | Adroit Law LLC, Drew & Napier LLC, Legal Clinic LLC, TSMP Law Corporation, Ang Kai Le, Chua Han Yuan Kenneth (Cai Hanyuan), Foo Hsien Li, Kam Su Cheun Aurill, Mok Hin Kyong Jonathan (Mo Xianqiang), Seow Wai Peng Amy, Tay Hong Zhi Gerald, Woo Shu Yan |
Source: [2024] SGHC(I) 2, Singapore International Commercial Court, decided — eLitigation. Updated .
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Case Significance
Baker, Michael A (executor of the estate of Chantal Burnison, deceased) v BCS Business Consulting Services Pte Ltd and others [2024] SGHC(I) 2 was a Singapore International Commercial Court judgment delivered on 23 January 2024 in Suit No 3 of 2018 (Summonses Nos 9 and 22 of 2023). The coram comprised Andre Maniam J, who delivered the judgment of the court, Dominique Hascher IJ and Christopher Scott Sontchi IJ. The judgment concerned the consequences of disobeying an anti-suit injunction, engaging catchwords on Contempt of Court — Civil contempt and Companies — Directors — Disqualification.
At a hearing on 6 September 2023 the court decided that the defendants BCS Business Consulting Services Pte Ltd and Mr Marcus Weber, BCS's sole shareholder and sole director, had committed contempt by disobeying the anti-suit injunction issued against them on 19 November 2021, reserving the question of punishment. In SIC/SUM 9/2023 the plaintiff sought committal, and SIC/SUM 22/2023 sought to amend it to seek a director disqualification order against Weber under s 154(2)(a) of the Companies Act 1967 (2020 Rev Ed). Drew & Napier LLC acted for the plaintiff and TSMP Law Corporation for the defendant.
Summary
Michael A. Baker, as executor of the estate of Chantal Burnison, brought contempt proceedings before the Singapore International Commercial Court against BCS Business Consulting Services Pte Ltd and its sole shareholder and director Marcus Weber, and also against Hartono Sianto, a former director, arising from disobedience of an anti-suit injunction connected to a dispute over the Ethocyn Rights, and additionally sought a director disqualification order against Weber under the Companies Act. The court found BCS and Weber to be in contempt of court and imposed fines of $80,000 and $100,000 respectively. The court dismissed the application for a director disqualification order, holding that the finding of civil contempt was not a conviction for the purposes of section 154 of the Companies Act, and did not find Sianto to be in contempt.
What did the court decide in Baker v BCS Business Consulting Services Pte Ltd [2024] SGHC(I) 2?
In [2024] SGHC(I) 2 the Singapore International Commercial Court addressed the consequences of disobeying an anti-suit injunction, having found that BCS Business Consulting Services Pte Ltd and Mr Marcus Weber committed contempt by breaching the injunction issued on 19 November 2021.
What director disqualification application was raised in [2024] SGHC(I) 2?
SIC/SUM 22/2023 sought to amend the committal application SIC/SUM 9/2023 to seek a director disqualification order against Mr Marcus Weber, BCS's sole shareholder and director, under s 154(2)(a) of the Companies Act 1967 (2020 Rev Ed).
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Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2024] SGHC(I) 2)