CHAN KWONG SHING, ADRIAN & Anor v INVIDIA CAPITAL PTE. LTD. (IN CREDITORS’ VOLUNTARY LIQUIDATION)

[2024] SGHC 40 High Court (General Division) 9 February 2024 • HC/OA 28/2024 • 14 min read

11 cases cited (2 SG, 9 foreign)

Catchwords

Insolvency Law — Bankruptcy — Seizure of bankrupt’s books, papers or records

Practice Areas

Insolvency Law

Judges (1)

Goh Yihan Delivered

Counsel (6)

Quahe Woo & Palmer LLC Firm Shook Lin & Bok LLP Firm Chow Ee Ning Counsel Respondent Lin Weiwen Moses Counsel Applicant Manvindar Kaur Sethi D/O Sarwan Singh Counsel Applicant Woo Yin Loong Christopher Counsel Respondent

Parties (3)

Invidia Capital Pte Ltd (in creditors’ voluntary liquidation) Respondent Chan Kwong Shing, Adrian (in his capacity as the joint and several trustee of the bankruptcy estate of Ng Yu Zhi) Applicant Lai Seng Kwoon (in his capacity as the joint and several trustee of the bankruptcy estate of Ng Yu Zhi) Applicant

Case Significance

Chan Kwong Shing Adrian and another v Invidia Capital Pte Ltd (in creditors' voluntary liquidation) [2024] SGHC 40 was decided by Goh Yihan J in the General Division of the High Court on 9 February 2024, in Originating Application No 28 of 2024, in the matter of section 370 of the Insolvency, Restructuring and Dissolution Act 2018 and Order 4 Rule 7 of the Rules of Court 2021. The applicants, Mr Chan Kwong Shing, Adrian and Mr Lai Seng Kwoon, were the joint and several trustees (the "Private Trustees") of the bankruptcy estate of Mr Ng Yu Zhi. They applied against the respondent, Invidia Capital Pte Ltd (in creditors' voluntary liquidation), for, among other orders, the primary order that the company's liquidator provide copies of certain emails (the "Extracted Email Results").

The judgment records that, following discussions, the liquidator agreed to provide the Extracted Email Results, but asked that this be done by way of a consent application with an order of court obtained for good order, which led the applicants to bring the application. The catchword is Insolvency Law (Bankruptcy, Seizure of bankrupt's books, papers or records). The applicants were represented by Shook Lin & Bok LLP; the respondent by Quahe Woo & Palmer LLC.

Summary

In this application before the General Division of the High Court, the joint and several trustees of the bankruptcy estate of Mr Ng Yu Zhi sought, by way of a consent application, an order that the liquidator of Invidia Capital Pte Ltd (in creditors' voluntary liquidation) provide them with copies of certain extracted emails pursuant to section 370(1) of the Insolvency, Restructuring and Dissolution Act 2018. The issue concerned the seizure of a bankrupt's books, papers, or records, the trustees contending the emails related to the bankrupt's personal affairs as the company had functioned as his investment vehicle. The court concluded that the requirements of section 370(1) were met and made an order in terms of the prayers sought, with no order as to costs.

What did Chan Kwong Shing Adrian v Invidia Capital Pte Ltd [2024] SGHC 40 concern?

Decided by Goh Yihan J on 9 February 2024, it concerned an application by the joint trustees of Ng Yu Zhi's bankruptcy estate for an order that Invidia Capital Pte Ltd's liquidator provide copies of certain emails, brought under section 370 of the Insolvency, Restructuring and Dissolution Act 2018.

Why was a court order sought in [2024] SGHC 40 if the liquidator agreed to provide the emails?

Although the liquidator agreed to provide the Extracted Email Results, the judgment records that the liquidator asked for it to be done by way of a consent application with a court order obtained for good order, prompting the trustees to bring the application.