Re: LOGISTICS CONSTRUCTION PTE LTD

[2024] SGHC 291 High Court (General Division) 13 November 2024 • HC/OA 1164/2023 ( HC/SUM 2921/2024 ) |HC/CWU 296/2024 • 24 min read

8 cases cited (7 SG, 1 foreign)

Catchwords

Insolvency Law — Winding up — Proper claimant to be named on winding-up petition — Section 124(1)(h) Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed)

Practice Areas

Insolvency Law

Judges (1)

Goh Yihan Delivered

Counsel (9)

Insolvency & Public Trustee's Office Firm Tan Kok Quan Partnership Firm Withers KhattarWong LLP Firm Cheang Hui Xuan Counsel Claimant Christopher Eng Chee Yang Counsel Non-Party Jeslyn Tan Yuan Lin Counsel Non-Party Justin Yip Yung Keong Counsel Claimant Lam Zhen Yu Counsel Claimant Tnee Zixian Keith Counsel Non-Party

Parties (4)

Logistics Construction Pte Ltd Applicant Logistics Construction Pte Ltd (under judicial management) Defendant Official Receiver Non-Party Ellyn Tan Huixian (in her capacity as the judicial manager of Logistics Construction Pte Ltd (under judicial management)) Claimant

Case Significance

Tan Huixian Ellyn (in her capacity as judicial manager of Logistics Construction Pte Ltd (under judicial management)) v Logistics Construction Pte Ltd (under judicial management) (Official Receiver, non-party) and another matter [2024] SGHC 291 was decided in the General Division of the High Court on 13 November 2024 by Goh Yihan J, covering Companies Winding Up No 296 of 2024 and Originating Application No 1164 of 2023 (Summons No 2921 of 2024). HC/CWU 296/2024 was an application by Ms Tan Huixian Ellyn, in her capacity as the judicial manager of Logistics Construction Pte Ltd, for a winding-up order against the Company together with the usual consequential orders. The grounds of decision addressed insolvency law and winding up, specifically the proper claimant to be named on a winding-up petition under s 124(1)(h) of the Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed), with the matter also brought in relation to s 125(1)(e) and, in the related application, Part 7 and s 91 of the same Act. The Official Receiver appeared as a non-party. Statutes referenced included the Companies Act and the Insolvency, Restructuring and Dissolution Act.

Summary

In these related matters, Ms Tan Huixian Ellyn, in her capacity as judicial manager of Logistics Construction Pte Ltd, applied for a winding-up order against the company, and also applied to be released from liability for her acts or omissions in the judicial management under the Insolvency, Restructuring and Dissolution Act 2018. A procedural point arose, raised by the Official Receiver, as to who ought to be named as the proper claimant on the winding-up application under section 124(1)(h). The General Division of the High Court, per Goh Yihan J, allowed both the winding-up application and the summons for release.

What was the issue in Re Logistics Construction Pte Ltd [2024] SGHC 291?

Goh Yihan J considered the proper claimant to be named on a winding-up petition under s 124(1)(h) of the Insolvency, Restructuring and Dissolution Act 2018, arising from an application by Ms Tan Huixian Ellyn, judicial manager of Logistics Construction Pte Ltd, for a winding-up order against the Company.

Who brought the winding-up application in [2024] SGHC 291?

Ms Tan Huixian Ellyn brought HC/CWU 296/2024 in her capacity as the judicial manager of Logistics Construction Pte Ltd, seeking a winding-up order against the Company. The Official Receiver appeared as a non-party before Goh Yihan J in the General Division of the High Court.