Re: BU SHEN XI (S) PTE. LTD.
Key facts
| Court | High Court (General Division) |
|---|---|
| Decided | |
| Judge | Goh Yihan |
| Charges / claim | Insolvency Law |
| Counsel | Insolvency & Public Trustee's Office, Robert Wang & Woo LLP, Iffera Ng Lu Hui, Jeffrey Yip, Kok Jia An Alwyn, Teoh Seok Pin Audrey |
Source: [2024] SGHC 247, High Court (General Division), decided — eLitigation. Updated .
Catchwords
Practice Areas
Judges (1)
Counsel (6)
Case Significance
Re Bu Shen Xi (S) Pte Ltd (Official Receiver, non-party) [2024] SGHC 247 was decided by Goh Yihan J in the General Division of the High Court in Companies Winding Up No 164 of 2024, heard on 19 July and 2 and 8 August 2024 with the grounds of decision delivered on 27 September 2024. The matter was brought in respect of sections 124(1)(a), 125(1)(a) and 125(1)(e) of the Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed) ("IRDA"). The application was filed by Bu Shen Xi (S) Pte Ltd (the "Company") for a winding-up order in respect of itself, based on sections 125(1)(a) and/or 125(1)(e) of the IRDA, with the Official Receiver as non-party.
After hearing Mr Kok Jia An Alwyn, counsel for the Company, on 19 July 2024, the court directed the Company to file further written submissions, and upon considering them granted the winding-up order on 8 August 2024 and furnished brief grounds, providing full grounds in this judgment. The catchwords frame the central question as whether the company had by special resolution resolved to be wound up under section 125(1)(a) of the IRDA, and the court noted the rarity of reported decisions on this subsection, referring to Re Fusionex Pte Ltd (Resorts World at Sentosa Pte Ltd, non-party) [2024] 4 SLR 956. The Company was represented by counsel from Robert Wang & Woo LLP, including Kok Jia An Alwyn, Iffera Ng Lu Hui and Teoh Seok Pin Audrey, while the Official Receiver was represented by Jeffrey Yip of the Insolvency & Public Trustee's Office.
[2024] SGHC 247 explained
Re: BU SHEN XI (S) PTE. LTD. ([2024] SGHC 247) is a Singapore judgment decided by the High Court (General Division) on 27 September 2024. It is categorised under Insolvency Law. Within this corpus it has since been cited by 2 other reported Singapore judgments, 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 247 about?
Re: BU SHEN XI (S) PTE. LTD. ([2024] SGHC 247) is a High Court (General Division) decision from 2024. Its published catchwords are “Insolvency Law — Winding up — Grounds for petition — Whether company has by special resolution resolved to be wound up — Section 125(1)(a) Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed)”, 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 247 consider?
The judgment refers to Companies Act (Cap 50), Insolvency, Restructuring and Dissolution Act, and Restructuring and Dissolution Act. The statutes cited are listed in full on this page, each linking to its primary text.
What earlier Singapore cases does [2024] SGHC 247 cite?
Among the in-corpus authorities it refers to are [2024] SGHC 195. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.
How influential is [2024] SGHC 247?
Within this corpus, [2024] SGHC 247 has been cited by 2 later reported Singapore judgments. 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.
Summary
Bu Shen Xi (S) Pte Ltd applied to wind up itself, relying on ss 125(1)(a) and/or 125(1)(e) of the Insolvency, Restructuring and Dissolution Act 2018, with s 125(1)(a) raising the question whether the company had by special resolution resolved to be wound up. Goh Yihan J granted the winding-up order and provided full grounds, noting the rarity of reported decisions on s 125(1)(a). The court found, among other things, that the company's net cash flow had been consistently negative since incorporation and that no shareholder was willing to inject further funding, and granted the order under s 125(1)(a) and, alternatively, s 125(1)(e).
What did Re Bu Shen Xi (S) Pte Ltd [2024] SGHC 247 decide?
In [2024] SGHC 247, Goh Yihan J granted a winding-up order on 8 August 2024 in respect of Bu Shen Xi (S) Pte Ltd on its own application under sections 125(1)(a) and/or 125(1)(e) of the Insolvency, Restructuring and Dissolution Act 2018, with the Official Receiver as non-party.
Why was the section 125(1)(a) ground notable in [2024] SGHC 247?
Re Bu Shen Xi (S) Pte Ltd [2024] SGHC 247 concerned the rarely litigated ground in section 125(1)(a) of the IRDA, on whether a company has by special resolution resolved to be wound up. Goh Yihan J noted the rarity of reported decisions on this subsection.
Statutes Cited
Cases Cited (13)
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 247)