IRFAN SETIAPUTRA & Anor

[2024] SGHC(I) 1 Singapore International Commercial Court 18 January 2024 SIC/OA 5/2022 ( SIC/SUM 34/2023 ) 74 min read
19 cases cited (13 SG, 6 foreign) Cited by 1 case

Key facts

Court Singapore International Commercial Court
Decided
Judges Anselmo Reyes, Christopher Scott Sontchi, Kannan Ramesh
Charges / claim Insolvency Law
Counsel K&L Gates Straits Law LLC, Wong & Leow LLC, Emmanuel Duncan Chua, Eva Teh Jing Hui, Felicia Tee, Irvin Ho Jia Xian, Jerrie Tan, Lee Yu Lun Darrell, Mock Yuan Bing, Muralli Raja Rajaram, Valerie Ang

Source: [2024] SGHC(I) 1, Singapore International Commercial Court, decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (3)

Counsel (11)

Parties (4)

Case Significance

Re PT Garuda Indonesia (Persero) Tbk and another matter [2024] SGHC(I) 1 was decided in the Singapore International Commercial Court on 18 January 2024, in Originating Application No 5 of 2022 and Summons No 34 of 2023. The coram comprised Kannan Ramesh JAD, Anselmo Reyes IJ and Christopher Scott Sontchi IJ, with Christopher Scott Sontchi IJ delivering the judgment of the court. The applicants, Irfan Setiaputra and Prasetio, acted as foreign representatives of PT Garuda Indonesia (Persero) Tbk, an Indonesian state-owned limited liability company.

The application sought recognition of foreign insolvency proceedings and, upon recognition, relief by way of recognition and enforcement of a restructuring plan. It was made under the Third Schedule of the Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed), which gives effect to the UNCITRAL Model Law on Cross-Border Insolvency (30 May 1997). The non-parties were Greylag Goose Leasing 1410 and 1446 Designated Activity Companies. The catchwords identify the issues as recognition of foreign insolvency proceedings and public policy in cross-border insolvency.

[2024] SGHC(I) 1 explained

IRFAN SETIAPUTRA & Anor ([2024] SGHC(I) 1) is a Singapore judgment decided by the Singapore International Commercial Court on 18 January 2024. It is categorised under Insolvency Law. Within this corpus it has since been cited by 1 other reported Singapore judgment, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2024] SGHC(I) 1 about?

IRFAN SETIAPUTRA & Anor ([2024] SGHC(I) 1) is a Singapore International Commercial Court decision from 2024. Its published catchwords are “Insolvency Law — Cross-border insolvency — Public policy” and “Insolvency Law — Cross-border insolvency — Recognition of foreign insolvency proceedings”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2024] SGHC(I) 1 consider?

The judgment refers to Australian Corporations Act, Bankruptcy Code, Companies Act (Cap 50), and Insolvency, Restructuring and Dissolution Act, among other provisions. The statutes cited are listed in full on this page, each linking to its primary text.

How influential is [2024] SGHC(I) 1?

Within this corpus, [2024] SGHC(I) 1 has been cited by 1 later reported Singapore judgment. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

What did the Singapore International Commercial Court decide in Re PT Garuda Indonesia [2024] SGHC(I) 1?

The SICC heard an application by Garuda Indonesia's foreign representatives, Irfan Setiaputra and Prasetio, to recognise foreign insolvency proceedings and enforce a restructuring plan under the Model Law in the IRDA. The judgment was delivered by Christopher Scott Sontchi IJ on 18 January 2024.

Under what law was recognition sought in [2024] SGHC(I) 1?

Recognition was sought under the Third Schedule of the Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed), which enacts the UNCITRAL Model Law on Cross-Border Insolvency of 30 May 1997, for recognition of foreign proceedings and enforcement of a restructuring plan.

Who were the parties in the Garuda Indonesia insolvency recognition case ([2024] SGHC(I) 1)?

The applicants were Irfan Setiaputra and Prasetio, foreign representatives of the Indonesian state-owned company PT Garuda Indonesia (Persero) Tbk. The non-parties were Greylag Goose Leasing 1410 and 1446 Designated Activity Companies. The coram included Kannan Ramesh JAD, Anselmo Reyes IJ and Christopher Scott Sontchi IJ.

Statutes Cited

Australian Corporations Act Cases on this Act →
s 583
Bankruptcy Code Cases on this Act →
s 1521(a)
Insolvency, Restructuring and Dissolution Act Cases on this Act →
Restructuring and Dissolution Act Cases on this Act →

Cases Cited (19)

SLR (13)
[2003] 3 SLR(R) 629 [2011] 4 SLR 739 [2012] 2 SLR 289 [2016] 5 SLR 787 [2018] 4 SLR 801 [2018] 5 SLR 125 [2019] 2 SLR 77 [2019] 4 SLR 1343 [2021] 2 SLR 1279 [2021] 2 SLR 950 [2023] 2 SLR 421 [2023] 3 SLR 250 [2023] 3 SLR 787
UK (5)
[2008] 1 WLR 852 [2011] 1 WLR 2038 [2012] 3 WLR 1019 [2017] 2 All ER 217 [2017] EWHC 3153
AU (1)
[2022] NSWSC 1623

Cited By (1)

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC(I) 1)