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Singapore just and equitable winding up

Hai Jiang Petroleum Holdings Ltd v Lim Beng Kuan

[2021] SGHC 66
JurisdictionSingapore
CourtSingapore High Court
Year2021
StatusBinding authority

Summary

A just and equitable winding up order may be granted where shareholder deadlock and irretrievable loss of trust and confidence between members renders continued association impossible.

Key Principle

just and equitable winding up; shareholder deadlock; loss of trust and confidence

Area of Law

company

Related Cases

Shafron v Australian Securities and Investments Commission (2012) 247 CLR 465

A company secretary is an 'officer' under the Corporations Act and owes a duty of care and diligence under s 180 in performing their functions.

Bell Group Ltd (in liq) v Westpac Banking Corporation [2012] WASCA 157

Directors of an insolvent company owe duties to creditors, and bank claims may be subordinated where unconscionable conduct is established in dealings with the insolvent company.

Barclay v Penberthy (2012) 246 CLR 258

The standard of care under s 180 of the Corporations Act is that of a reasonable person in the director's position, having regard to the corporation's circumstances and the director's office.

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