Zanelle Lim Jinn Tonn v Royal Amulet Pte Ltd

[2024] SGHC 205 High Court (General Division) 13 August 2024 • HC/CWU 114/2024 ( HC/SUM 1460/2024,HC/SUM 1351/2024 ) • 21 min read

9 cases cited (8 SG, 1 foreign) Cited by 1 case

Catchwords

Civil Procedure — Striking out — Affidavit and other documents

Practice Areas

Civil Procedure

Judges (1)

Aedit Abdullah Delivered

Counsel (7)

Drew & Napier LLC Firm Mahmood Gaznavi Chambers LLC Firm Candice Li Jin Jie Counsel Claimant Chin Wan Tong Phyllis Counsel Claimant Khoo Boo Teck Randolph Counsel Claimant Mahmood Gaznavi s/o Bashir Muhammad Counsel Defendant Rezza Gaznavi Counsel Defendant

Parties (2)

Royal Amulet Pte Ltd Defendant Zanelle Lim Jinn Tonn Claimant

Case Significance

Zanelle Lim Jinn Tonn v Royal Amulet Pte Ltd [2024] SGHC 205 was a judgment of the General Division of the High Court delivered by Aedit Abdullah J on 13 August 2024, following a hearing on 19 July 2024 in Companies Winding Up No 114 of 2024 (Summonses Nos 1351 and 1460 of 2024). The decision arose out of the claimant director's attempt to wind up the defendant company, Royal Amulet Pte Ltd, on just and equitable grounds due to the breakdown of a relationship of trust and confidence between the company's two directors. The claimant, Zanelle Lim Jinn Tonn, and Ms Chua Sim Bian were the two directors and shareholders of the company.

The judgment dealt with two interlocutory applications: in HC/SUM 1460/2024 the claimant disputed the validity of the appointment of the company's solicitors, while in HC/SUM 1351/2024 the company applied to strike out parts of the claimant's affidavit filed in support of the winding up on the basis that it was scandalous, irrelevant or oppressive. The claimant had applied to wind up the company on 30 April 2024 under s 125(1)(i) of the Insolvency, Restructuring and Dissolution Act 2018. The claimant was represented by counsel from Drew & Napier LLC including Khoo Boo Teck Randolph, Candice Li Jin Jie and Chin Wan Tong Phyllis, and the defendant by Mahmood Gaznavi s/o Bashir Muhammad and Rezza Gaznavi of Mahmood Gaznavi Chambers LLC.

Summary

This decision arose from a claimant director's application to wind up Royal Amulet Pte Ltd on just and equitable grounds under s 125(1)(i) of the Insolvency, Restructuring and Dissolution Act 2018, based on an alleged breakdown of trust and confidence between the company's two directors. In two related summonses, the claimant disputed the validity of the appointment of the company's solicitors, while the company applied to strike out parts of the claimant's affidavit as scandalous, irrelevant or oppressive. Aedit Abdullah J dismissed the application challenging the solicitors' appointment and, finding the complained-of passages relevant to the dispute, also dismissed the company's striking-out application.

What did the High Court decide in Zanelle Lim Jinn Tonn v Royal Amulet Pte Ltd [2024] SGHC 205?

Zanelle Lim Jinn Tonn v Royal Amulet Pte Ltd [2024] SGHC 205 was a High Court decision by Aedit Abdullah J on 13 August 2024 resolving two applications in a just-and-equitable winding-up: a challenge to the company's solicitors' appointment and an application to strike out parts of the claimant's affidavit.

Why was the winding up of Royal Amulet Pte Ltd sought?

In [2024] SGHC 205, the claimant director sought to wind up Royal Amulet Pte Ltd on just and equitable grounds under s 125(1)(i) of the Insolvency, Restructuring and Dissolution Act 2018, citing a breakdown in the relationship of trust and confidence between the company's two directors.