JASON ALEKSANDER KARDACHI & Anor

Case Significance

Re Fullerton Capital Ltd (in liquidation) [2024] SGHC 155 was a decision of the General Division of the High Court delivered by Kristy Tan JC on 18 June 2024 in Originating Application No 116 of 2024, brought under Part 11 and s 252 of the Insolvency, Restructuring and Dissolution Act 2018 and Article 15 of the UNCITRAL Model Law on Cross-Border Insolvency. The joint liquidators of Fullerton Capital Limited (in liquidation), Jason Aleksander Kardachi and Elaine Hanrahan, sought recognition in Singapore of the company's British Virgin Islands liquidation as a foreign main proceeding and of themselves as foreign representatives, together with disclosure and examination orders against named Relevant Persons.

As set out in the judgment, the non-party Mr Lau Yean Liang, Raymond, who was one of the Relevant Persons, objected to recognition of the liquidation as a foreign main or non-main proceeding and to the disclosure and examination orders sought against him. After hearing the parties, Kristy Tan JC allowed the joint liquidators' application in the main, and Mr Lau filed an appeal against the decision on 5 May 2024. The applicants were represented by counsel from Setia Law LLC, including Ian Mah and Yam Wern Jhien, while Mr Lau and other non-parties were represented by firms including Rajah & Tann LLP, Providence Law Asia LLC and Shook Lin & Bok LLP.