KHO CHOON KENG v LIAN KENG ENTERPRISES PTE LTD

Case Significance

Kho Choon Keng v Lian Keng Enterprises Pte Ltd (Kho Patrick and another, non-parties) [2024] SGHC 191 was a single judgment delivered on 26 July 2024 by Hri Kumar Nair J in the General Division of the High Court, in Companies Winding Up No 74 of 2023, following a trial held over several days in April and May 2024. The catchwords cover Insolvency Law — Winding up (grounds for petition and buyout order) and Companies — Winding up on the just and equitable ground, including whether the company was a quasi-partnership, breach of legitimate expectations, and loss of mutual trust and confidence (including whether such loss was self-induced).

The judgment opened with observations on the litigation of family-run businesses, noting that such enterprises often fail not because of financial circumstances but because of the deterioration of relationships among the family members who run them. The defendant, Lian Keng Enterprises Pte Ltd, was founded in 1980 by the late Mr Kho Beng Kang (the "Patriarch") and was the ultimate holding company of 59 other companies in the Lian Huat group, with investments and development projects in Singapore, Australia and China. The claimant was Kho Choon Keng, and Kho Chuan Thye Patrick and Kho Sunn Sunn Patricia appeared as non-parties. The claimant was represented by WongPartnership LLP (including Koh Swee Yen and Andrea Ang), while the non-parties were represented by counsel including Davinder Singh Chambers LLC and Providence Law Asia.