Ascentury International Company Limited v VIVA CAPITAL (SG) PTE. LTD.
Key facts
| Court | High Court (General Division) |
|---|---|
| Decided | |
| Judge | Goh Yihan |
| Charges / claim | Insolvency Law |
| Counsel | Aequitas Law LLP, Drew & Napier LLC, Kelvin Chia Partnership, Chin Tian Hui Joshua, Clarie Ong Bee Sim, Glenda Lim Jia Qian, Hing Shan Shan Blossom, Kang Hui Lin Jasmin, Lim Tat, Subir Singh Grewal |
Source: [2024] SGHC 118, High Court (General Division), decided — eLitigation. Updated .
Catchwords
Practice Areas
Judges (1)
Counsel (10)
Case Significance
Ascentury International Co Ltd v Viva Capital (SG) Pte Ltd [2024] SGHC 118 is an ex tempore judgment delivered by Goh Yihan J in the General Division of the High Court on 7 May 2024, following a hearing on 6 May 2024 in Originating Application No 164 of 2024, brought under Section 186 of the Insolvency, Restructuring and Dissolution Act 2018 in the matter of HC/CWU 138/2023. The claimant, Ascentury International Company Limited, applied to set aside the Winding Up Order dated 31 October 2023 made against the defendant, Viva Capital (SG) Pte Ltd, in CWU 138; the defendant consented to the application, which Goh Yihan J preferred to characterise as an application to terminate the winding up. The defendant's joint liquidators did not object but sought confirmation that their liquidation remuneration and disbursements, for the period from 31 October 2023 to the determination of the application, should be paid out of the defendant's assets, with quantum to be agreed if not taxed.
[2024] SGHC 118 explained
Ascentury International Company Limited v VIVA CAPITAL (SG) PTE. LTD. ([2024] SGHC 118) is a Singapore judgment decided by the High Court (General Division) on 7 May 2024. It is categorised under Insolvency Law. It is a recent decision; within this corpus no later judgment has cited it yet. 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 118 about?
Ascentury International Company Limited v VIVA CAPITAL (SG) PTE. LTD. ([2024] SGHC 118) is a High Court (General Division) decision from 2024. Its published catchwords are “Insolvency Law — Winding up — Unable to pay debts”, 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 118 consider?
The judgment refers to Australian Corporation Act, Companies Act (Cap 50), Corporation Act, 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.
Summary
In this ex tempore decision of the General Division of the High Court, Ascentury International Company Limited applied to set aside, or terminate, the winding up of Viva Capital (SG) Pte Ltd, part of the Viva Land Group, with the defendant consenting and the joint liquidators not objecting but seeking directions that their remuneration and disbursements be paid out of the defendant's assets. The issue concerned the company's winding up on the ground of inability to pay debts and how a court should consider the interests of the liquidator in deciding to terminate a winding up. The court terminated the defendant's winding up, effective upon the liquidators' remuneration and disbursements being agreed or taxed and paid out of the defendant's assets, and made no order as to costs.
What was Ascentury International v Viva Capital (SG) [2024] SGHC 118 about?
Ascentury International Company Limited applied in Originating Application No 164 of 2024 to set aside, or terminate, the 31 October 2023 Winding Up Order made against Viva Capital (SG) Pte Ltd in CWU 138. The defendant consented. Goh Yihan J delivered the ex tempore judgment on 7 May 2024.
What did the liquidators seek in [2024] SGHC 118?
The defendant's joint liquidators did not object to the termination but sought confirmation that their liquidation remuneration and disbursements, for the period from 31 October 2023 to the determination of the application, should be paid out of the defendant's assets, with quantum to be agreed if not taxed.
Statutes Cited
Cases Cited (7)
Related cases
Other Singapore judgments involving the same parties or counsel.
Referenced in
Statutes interpreted in this judgment
Legal concepts & references
Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2024] SGHC 118)