Lai Chung Wing v Nusantara Energy International Pte. Ltd.

[2024] SGHC 288 High Court (General Division) 6 November 2024 • HC/CWU 221/2024 • 23 min read

7 cases cited

Key facts

Court	High Court (General Division)
Decided	6 November 2024
Judge	Goh Yihan
Charges / claim	Insolvency Law
Counsel	Fortress Law Corporation, Insolvency & Public Trustee's Office, Goh Yin Dee, Kwang Jia Min, Stacey Teng Shu-Shan, Trent Ng Yong En

Source: [2024] SGHC 288, High Court (General Division), decided 6 November 2024 — eLitigation. Updated 25 June 2026.

Catchwords

Insolvency Law — Winding up — Grounds for petition — Whether company unable to pay its debts — Section 125(1)(e) Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed) Insolvency Law — Winding up — Grounds for petition — Whether company suspended business for whole year — Section 125(1)(c) Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed)

Practice Areas

Insolvency Law

Judges (1)

Goh Yihan Delivered

Counsel (6)

Fortress Law Corporation Firm Insolvency & Public Trustee's Office Firm Goh Yin Dee Counsel Non-Party Kwang Jia Min Counsel Non-Party Stacey Teng Shu-Shan Counsel Claimant Trent Ng Yong En Counsel Claimant

Parties (3)

Nusantara Energy International Pte Ltd Defendant Official Receiver Non-Party Lai Chung Wing Claimant

Case Significance

Lai Chung Wing v Nusantara Energy International Pte Ltd (Official Receiver, non-party) [2024] SGHC 288 was a winding-up application in the General Division of the High Court (Companies Winding Up No 221 of 2024), decided by Goh Yihan J. Mr Lai Chung Wing, the sole director and a minority shareholder of the company, applied for a winding-up order against Nusantara Energy International Pte Ltd under ss 125(1)(c) and 125(1)(e) of the Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed) (the IRDA). The company had been incorporated in Singapore on 22 November 2010 as an exempt private company limited by shares, with principal activities in management consultancy services. Goh Yihan J granted the winding-up order on 8 October 2024 pursuant to the ground in s 125(1)(c) of the IRDA, namely that the company had suspended its business for a whole year, and delivered the reasons on 6 November 2024.

Summary

Mr Lai Chung Wing, the sole director and a minority shareholder of Nusantara Energy International Pte Ltd, applied for a winding-up order against the company under sections 125(1)(c) and 125(1)(e) of the Insolvency, Restructuring and Dissolution Act 2018, raising whether the company had suspended its business for a whole year and whether it was unable to pay its debts. The General Division of the High Court, per Goh Yihan J, granted the winding-up order primarily on the basis of section 125(1)(c), while observing that, had it been necessary to decide the matter under section 125(1)(e), it would likely have found that ground satisfied given the company's inability to pay a debt owed to APacTrust.

On what ground was Nusantara Energy International Pte Ltd wound up in [2024] SGHC 288?

Goh Yihan J granted the winding-up order on 8 October 2024 under s 125(1)(c) of the Insolvency, Restructuring and Dissolution Act 2018, which concerns whether a company has suspended its business for a whole year. The application was brought by claimant Lai Chung Wing.

Who brought the winding-up application in Lai Chung Wing v Nusantara Energy International Pte Ltd ([2024] SGHC 288)?

The application was brought by Mr Lai Chung Wing, the sole director and a minority shareholder of Nusantara Energy International Pte Ltd, under ss 125(1)(c) and 125(1)(e) of the IRDA. The company was incorporated in Singapore on 22 November 2010 as an exempt private company.