Company Liquidation

Void Charges and Statutory Injunctions: Developments in the Law of Company Liquidation

Group Lease Holdings Pte Ltd v Group Lease Public Co Ltd [2024] SGHC 302

Group Lease Holdings Pte Ltd v Group Lease Public Co Ltd [2024] SGHC 302 is an important decision on a variety of issues including the applicable tests for interim prohibitory versus interim mandatory injunctions and whether a contract entered into in breach of a mareva injunction may be void as being illegal. The Judgment also addressed the questions of whether a charge may be set aside as being an unfair preference when it has been executed during a period of provisional liquidation, and the ambit of s 270 IRDA. The liquidator was represented by Suresh Nair, Bryan Tan, Brendan Cheow, Joshua Goh and Too Tat Rui.

The article below argues that an unregistered but registrable charge should be void as against a provisional liquidator just as it would be void against a liquidator, such that the provisional liquidator may include the assets subject to the charge as being among the assets of the company in provisional liquidation. It also examines the scope of powers available to a liquidator under s 270 IRDA.

The article referred to was published in the SAL Practitioner on 14 March 2025 on Journals Online. The original publication may be found here © 2025 Contributor(s) and Singapore Academy of Law; no part of the article may be reproduced without permission from the copyright holders.

https://journalsonline.academypublishing.org.sg/Portals/0/EFirst/Html/3781_%5b2025%5d%20SAL%20Prac%205_Void%20Charges%20and%20Statutory%20Injunctions%20(14%20Mar%202025).htm

For more information on this case commentary, please contact Suresh Nair.

“The information provided in this page is for general informational purposes only and is not intended to constitute legal advice. We do not warrant its accuracy or completeness or accept any liability for any loss or damage arising from any reliance thereon. While we strive to provide accurate and up-to-date information, the legal landscape is constantly evolving, and the details of any given case may change over time.”