Lim Eng Teck v Life Glow Asia Pte Ltd: Winding Up Application & Breach of Fiduciary Duties
In Lim Eng Teck v Life Glow Asia Pte Ltd, the High Court of Singapore addressed an application by Lim Eng Teck to wind up Life Glow Asia Pte Ltd. The application was made on the grounds of the company's inability to pay its debts. Given the commencement of Suit 637 of 2008, where Life Glow Asia Pte Ltd is suing Lim Eng Teck for breach of fiduciary duties, the court ordered the winding up application to be heard immediately after Suit 637 of 2008 by the trial judge, but with liberty to restore should Suit 637 of 2008 not proceed for any reason.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Winding up application to be heard immediately after Suit 637 of 2008 by the trial judge, but with liberty to restore should Suit 637 of 2008 not proceed for any reason.
1.3 Case Type
Insolvency
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application to wind up Life Glow Asia Pte Ltd due to insolvency. The court ordered the winding up application to be heard after Suit 637 of 2008.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lim Eng Teck | Plaintiff | Individual | Winding up application to be heard after Suit 637 of 2008 | Neutral | |
| Life Glow Asia Pte Ltd | Defendant | Corporation | Winding up application to be heard after Suit 637 of 2008 | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Foo Maw Shen | Rodyk & Davidson LLP |
| Ng Hui Min | Rodyk & Davidson LLP |
| Chua Beng Chye | KhattarWong |
4. Facts
- The plaintiff applied to wind up the defendant company on account of its inability to pay its debts.
- The defendant was incorporated on 30 August 2001 and sells health care products.
- The plaintiff was a director of the defendant through the nomination of Goldtron Management Services Pte Ltd.
- The defendant commenced Suit 637 of 2008 against the plaintiff for damages for breach of fiduciary duties and other wrongs.
- The plaintiff would not be proceeding with the winding up application given the commencement of Suit 637 of 2008.
5. Formal Citations
- Lim Eng Teck v Life Glow Asia Pte Ltd, CWU 57/2008, [2008] SGHC 196
6. Timeline
| Date | Event |
|---|---|
| Life Glow Asia Pte Ltd incorporated | |
| Convertible Loan Agreement dated | |
| Plaintiff applied to wind up the defendant | |
| Plaintiff resigned as a director of the defendant | |
| Winding up application heard |
7. Legal Issues
- Winding up of a company
- Outcome: The court ordered the winding up application to be heard immediately after Suit 637 of 2008 by the trial judge, but with liberty to restore should Suit 637 of 2008 not proceed for any reason.
- Category: Substantive
- Breach of fiduciary duties
- Outcome: The issue of breach of fiduciary duties is to be determined in Suit 637 of 2008.
- Category: Substantive
8. Remedies Sought
- Winding up of the company
- Damages
9. Cause of Actions
- Winding up
- Breach of fiduciary duties
10. Practice Areas
- Commercial Litigation
- Insolvency
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Winding up
- Insolvency
- Breach of fiduciary duties
- Convertible Loan Agreement
15.2 Keywords
- Winding up
- Insolvency
- Breach of fiduciary duties
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Winding Up | 95 |
| Company Law | 60 |
| Insolvency Law | 50 |
| Fiduciary Duties | 40 |
| Costs | 30 |
16. Subjects
- Insolvency
- Companies
- Civil Procedure