Re: BU SHEN XI (S) PTE. LTD.

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.