Re Beloff: Ad Hoc Admission, Legal Profession Act, nTan Corporate Advisory, Scheme of Arrangement, Natural Justice

In Re Beloff Michael Jacob QC, the High Court of Singapore heard an application by Mr. Beloff QC for ad hoc admission to represent nTan Corporate Advisory Pte Ltd (NCA) in proceedings related to a scheme of arrangement for TT International Ltd. The application was opposed by the Monitoring Committee, the Company, the Law Society, and the Attorney-General. The court allowed the application, finding that the legal and factual issues were complex and that Mr. Beloff's expertise was needed. The underlying dispute concerned the validity of a second judgment by the Court of Appeal regarding NCA's fees and whether the Court of Appeal had jurisdiction to make certain findings of fact.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Application for ad hoc admission of Mr. Beloff QC to represent nTan Corporate Advisory in proceedings related to a scheme of arrangement. Application allowed.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Attorney-GeneralRespondentGovernment AgencyApplication AllowedLost
Clement Chen of Attorney-General
Dominic Zou of Attorney-General
Jeffrey Chan of Attorney-General
nTan Corporate Advisory Pte LtdOther PartyCorporationNeutralNeutral
Law SocietyRespondentAssociationApplication AllowedLost
Beloff Michael Jacob QCApplicantIndividualApplication AllowedWon
TT International LtdRespondentCorporationApplication AllowedLost
Monitoring CommitteeRespondentAssociationApplication AllowedLost

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Clement ChenAttorney-General
Dominic ZouAttorney-General
Jeffrey ChanAttorney-General
Harjean KaurAdvocatus Law LLP
Christopher Anand DanielAdvocatus Law LLP
Peh Aik HinAllen & Gledhill LLP
Tan Kai LiangAllen & Gledhill LLP
Kenneth LimAllen & Gledhill LLP
Edwin TongAllen & Gledhill LLP
Chan Hock KengWongPartnership LLP
Foo Xian YaoWongPartnership LLP
Lee Eng BengRajah & Tann LLP
Jonathan LeeRajah & Tann LLP
Raelene Su-Lin PereiraRajah & Tann LLP
Low Poh LingRajah & Tann LLP

4. Facts

  1. Mr. Beloff QC applied for ad hoc admission to represent NCA in certain proceedings.
  2. NCA was the independent financial advisor of TT International Ltd.
  3. The application was opposed by the Monitoring Committee, the Company, the Law Society, and the Attorney-General.
  4. The underlying dispute concerned the validity of a second judgment by the Court of Appeal.
  5. The second judgment related to NCA's fees and whether the Court of Appeal had jurisdiction to make certain findings of fact.
  6. NCA contended that the findings of fact and fee orders were made without jurisdiction and in breach of natural justice.
  7. NCA filed summonses seeking leave to intervene and set aside the second judgment.

5. Formal Citations

  1. Re Beloff Michael Jacob QC, Originating Summons No 1096 of 2012, [2013] SGHC 177

6. Timeline

DateEvent
NCA appointed as independent financial advisor of TT International Ltd
Engagement letter signed between NCA and TT International Ltd
TT International Ltd applied for approval to summon a meeting of creditors
Engagement letter signed between NCA and TT International Ltd
Scheme Manager reported the Scheme passed by creditors
Court of Appeal allowed appeals against Scheme approval
Court of Appeal sanctioned the Scheme
Court of Appeal released full grounds of decision
Rajah & Tann LLP wrote to the Court of Appeal regarding VAF payment
Court of Appeal handed down a further written judgment
NCA filed Summons No 5682 of 2012 in CA 44 and Summons No 6520 of 2012 in CA 47
Application filed for ad hoc admission of Mr. Beloff QC
Application of Mr Michael Jacob Beloff QC heard
Application allowed
Grounds of decision given

7. Legal Issues

  1. Ad Hoc Admission of Foreign Counsel
    • Outcome: The court allowed the application for ad hoc admission.
    • Category: Procedural
    • Sub-Issues:
      • Special qualifications or experience
      • Necessity for foreign counsel
      • Availability of local counsel
    • Related Cases:
      • [2013] 1 SLR 872
      • [2013] 3 SLR 66
  2. Jurisdiction of the Court of Appeal
    • Outcome: The court considered the issues raised by the Summonses involved questions of law and procedure which were fairly complex.
    • Category: Jurisdictional
    • Sub-Issues:
      • Power to make determinations after primary function fulfilled
      • Applicability of determinations to non-parties
    • Related Cases:
      • [2011] 1 SLR 998
  3. Breach of Natural Justice
    • Outcome: The court considered whether there was a breach of natural justice in the way the question was dealt with.
    • Category: Substantive
    • Sub-Issues:
      • Departure from due process
      • Fair hearing rule
    • Related Cases:
      • [2011] 1 SLR 998

8. Remedies Sought

  1. Leave to Intervene
  2. Setting Aside of Judgment

9. Cause of Actions

  • Lack of Jurisdiction
  • Breach of Natural Justice

10. Practice Areas

  • Commercial Litigation
  • Insolvency
  • Ad Hoc Admissions

11. Industries

  • Financial Advisory

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Re Andrews Geraldine Mary QCCourt of AppealYes[2013] 1 SLR 872SingaporeCited for guidance on ad hoc admissions and balancing objectives.
Re Caplan Jonathan Michael QCHigh CourtYes[2013] 3 SLR 66SingaporeCited for guidance on ad hoc admissions.
The Royal Bank of Scotland NV (formerly known as ABN Amro Bank NV) and others v TT International Ltd and another appealCourt of AppealYes[2012] SGCA 9SingaporeCited as the full grounds of decision related to the scheme of arrangement.
The Royal Bank of Scotland NV (formerly known as ABN Amro Bank NV) and others v TT International Ltd and another appealCourt of AppealYes[2012] 2 SLR 213SingaporeCited as the full grounds of decision related to the scheme of arrangement.
The Royal Bank of Scotland NV (formerly known as ABN Amro Bank NV) and others v TT International Ltd and another appealCourt of AppealYes[2012] 4 SLR 1182SingaporeCited as the Second Judgment dealing with issues raised in correspondence.
Re Econ Corp Ltd (in provisional liquidation)High CourtYes[2004] 2 SLR(R) 264SingaporeCited for principles stated in relation to assessment of professional fees.
Management Corporation Strata Title Plan No 301 v Lee Tat Development Pte LtdCourt of AppealYes[2011] 1 SLR 998SingaporeCited for establishing that the Court of Appeal has inherent jurisdiction to reopen and rehear an issue decided in breach of natural justice.
Marplan Private Limited v Attorney-GeneralHigh CourtYes[2013] 3 SLR 201SingaporeCited to show that a challenge to the Second Judgment does not concern issues of administrative law.
Abdul Wahab bin Sulaiman v Commandant, Tanglin Detention BarracksHigh CourtYes[1985-1986] SLR(R) 7SingaporeCited for the principle that the High Court has no supervisory jurisdiction over superior courts.
Re David Joseph QCCourt of AppealYes[2012] 1 SLR 791SingaporeCited to show that the availability of local Senior Counsel is not an absolute bar to the admission of a Queen's Counsel.
Re Beloff Michael Jacob QCHigh CourtYes[2000] 1 SLR(R) 943SingaporeCited to show that the Applicant was familiar with Singapore's legal procedure and system.

13. Applicable Rules

Rule Name
Legal Profession (Admission) Rules 2011 (S 244/2011)

14. Applicable Statutes

Statute NameJurisdiction
Legal Profession Act (Cap 161, 2009 Rev Ed)Singapore
Companies Act (Cap 50, 2006 Rev Ed)Singapore
Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Ad Hoc Admission
  • Scheme of Arrangement
  • Value Added Fee
  • Monitoring Committee
  • Natural Justice
  • Jurisdiction
  • Senior Counsel
  • Inherent Jurisdiction
  • Judicial Review

15.2 Keywords

  • Ad Hoc Admission
  • Legal Profession Act
  • Scheme of Arrangement
  • Natural Justice
  • Jurisdiction

17. Areas of Law

Area NameRelevance Score
Admission of Advocates and Solicitors80
Jurisdiction75
Natural justice70
Company Law40
Contract Law30
Administrative Law30
Insolvency Law20
Judicial Review20
Summary Judgement10
Bankruptcy10
Arbitration10

16. Subjects

  • Legal Profession
  • Civil Procedure
  • Insolvency Law