Max Sun Trading Ltd v Elda Instinct Garments Pte Ltd: Service of Winding-Up Application
In Max Sun Trading Ltd v Elda Instinct Garments Pte Ltd, the High Court of Singapore, on 25 September 2009, addressed the proper procedure for serving a winding-up application. The court, presided over by Justice Woo Bih Li, granted the uncontested application by Max Sun Trading Ltd to wind up Elda Instinct Garments Pte Ltd. The court clarified that service of the winding-up application requires an attempt to serve a member, officer, or employee of the company at its registered office before simply leaving the documents there. The case involved a winding-up application.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application granted.
1.3 Case Type
Insolvency
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court addressed the procedure for serving a winding-up application, emphasizing the need to attempt personal service on a company representative before leaving documents at the registered office.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| MAX-SUN TRADING LTD | Plaintiff | Corporation | Application granted | Won | |
| Elda Instinct Garments Pte Ltd | Defendant | Corporation | Application granted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ramesh Bharani s/o K Nagaratnam | Aequitas Law LLP |
4. Facts
- The plaintiff applied to wind up the defendant company.
- The application was not contested.
- The affidavit of service indicated that the process server could not find any company representative at the registered office.
- Counsel for the plaintiff stated that he complied with the applicable rules regarding service.
5. Formal Citations
- Max Sun Trading Ltd v Elda Instinct Garments Pte Ltd, CWU 113/2009, [2009] SGHC 219
6. Timeline
| Date | Event |
|---|---|
| Judgment issued |
7. Legal Issues
- Service of Winding-Up Application
- Outcome: The court clarified the proper procedure for serving a winding-up application, emphasizing the need to attempt personal service before leaving documents at the registered office.
- Category: Procedural
8. Remedies Sought
- Winding-Up Order
9. Cause of Actions
- Winding-Up Application
10. Practice Areas
- Winding Up
- Commercial Litigation
11. Industries
- Garments
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 |
|---|---|
| Companies (Winding Up) Rules (Cap 50, R 1, 2006 Rev Ed) r 26(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Winding-up application
- Service of application
- Registered office
- Affidavit of service
- Companies (Winding Up) Rules
15.2 Keywords
- Winding up
- Service
- Companies
- Registered office
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Winding Up | 95 |
| Company Law | 60 |
| Civil Procedure | 40 |
16. Subjects
- Civil Procedure
- Winding Up
- Service of Process