Re Beloff Michael Jacob QC: Ad Hoc Admission, Legal Profession Act, Schemes of Arrangement

The Singapore Court of Appeal heard four appeals against the High Court's decision to allow the ad hoc admission of Mr. Michael Jacob Beloff QC to practice as an advocate and solicitor in Singapore, pursuant to Section 15 of the Legal Profession Act, to represent nTan Corporate Advisory Pte Ltd in setting aside a prior Court of Appeal judgment. The Court of Appeal, delivered by Sundaresh Menon CJ, allowed the appeals, setting aside the High Court's decision, finding that the requirements for ad hoc admission were not met.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeals allowed and the Judge’s decision to admit Mr Beloff on an ad hoc basis to represent nTan in the Setting-Aside Summonses was set aside.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The Court of Appeal heard appeals against the High Court's decision to allow Mr. Beloff's ad hoc admission to represent nTan in setting aside a judgment.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Attorney-GeneralAppellantGovernment AgencyAppeal AllowedWon
Aurill Kam of Attorney-General’s Chambers
Jurena Chan of Attorney-General’s Chambers
Cheryl Siew of Attorney-General’s Chambers
Alexander Sim of Attorney-General’s Chambers
Law Society of SingaporeAppellantStatutory BoardAppeal AllowedWon
Beloff Michael Jacob QCRespondentIndividualAppeal AllowedLost
BanksAppellantCorporationAppeal AllowedWon
TT International LtdAppellantCorporationAppeal AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeYes
Chao Hick TinJustice of the Court of AppealNo
Andrew Phang Boon LeongJustice of the Court of AppealNo

4. Counsels

Counsel NameOrganization
Aurill KamAttorney-General’s Chambers
Jurena ChanAttorney-General’s Chambers
Cheryl SiewAttorney-General’s Chambers
Alexander SimAttorney-General’s Chambers
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
Lee Eng BengRajah & Tann LLP
Raelene Su-Lin PereiraRajah & Tann LLP
Low Poh LingRajah & Tann LLP
Jonathan Lee ZhongweiRajah & Tann LLP
Ong Pei ChinWongPartnership LLP
Chan Hock KengWongPartnership LLP
Lawrence FooWongPartnership LLP

4. Facts

  1. nTan sought to set aside a Court of Appeal judgment.
  2. nTan applied to have Mr. Beloff admitted on an ad hoc basis to represent it.
  3. The application was opposed by the Attorney-General, the Law Society, the Banks, and the Company.
  4. The High Court allowed the ad hoc admission of Mr. Beloff.
  5. The Attorney-General, the Law Society, the Banks, and the Company appealed the High Court's decision.
  6. The Court of Appeal allowed the appeals and set aside the High Court's decision.

5. Formal Citations

  1. Re Beloff Michael Jacob QC, Civil Appeals Nos 68, 69, 70 and 71 of 2013, [2014] SGCA 25
  2. Re Beloff Michael Jacob QC, , [2013] 4 SLR 849
  3. The Royal Bank of Scotland NV (formerly known as ABN Amro Bank NV) and others v TT International Ltd and another appeal, , [2012] 4 SLR 1182

6. Timeline

DateEvent
Company incorporated in Singapore
Company listed on the Stock Exchange of Singapore
nTan appointed as independent financial advisor
High Court granted Company liberty to call a meeting of creditors
Letter from nTan to the Company stipulated fees payable
Meeting of the Scheme Creditors held
Scheme Manager announced the voting results
Scheme approved by Judith Prakash J in the High Court
Arguments heard in the Scheme Appeals
Court of Appeal set aside the approval of the Scheme
Further meeting of the Scheme Creditors held
Further hearings took place before the Court of Appeal
Court of Appeal issued brief grounds of decision
Letter addressed to the Supreme Court Registry from Rajah & Tann LLP
A&G wrote to the Registry setting out the Scheme Manager’s proposal
Registry wrote to R&T, A&G and Wong conveying the Court of Appeal’s directions
R&T, A&G and Wong sent their replies to the Registry
Registry wrote to the parties informing them of the Court of Appeal’s determination
R&T and Wong submitted their responses by way of letter, while A&G filed a set of submissions
The correspondence relating to the VAF rested
Court of Appeal released the CA Judgment
nTan filed Summons No 5682 of 2012 in Civil Appeal No 44 of 2010
nTan applied to have Mr Beloff admitted on an ad hoc basis
nTan filed Summons No 6520 of 2012 in Civil Appeal No 47 of 2010
Law Society website listed 40 SCs with practising certificates
Judgment reserved

7. Legal Issues

  1. Ad Hoc Admission of Foreign Counsel
    • Outcome: The Court of Appeal held that the High Court erred in exercising its discretion to admit Mr. Beloff on an ad hoc basis.
    • Category: Procedural
    • Sub-Issues:
      • Special qualifications or experience
      • Necessity for foreign counsel
      • Availability of local counsel
      • Reasonableness of admission
  2. Court's Jurisdiction
    • Outcome: The court considered the issue of its own jurisdiction in the context of a scheme of arrangement.
    • Category: Jurisdictional
  3. Breach of Natural Justice
    • Outcome: The court considered whether the prior judgment was made contrary to the rules of natural justice.
    • Category: Substantive

8. Remedies Sought

  1. Ad Hoc Admission
  2. Setting Aside Judgment

9. Cause of Actions

  • Application for Ad Hoc Admission
  • Setting Aside Judgment

10. Practice Areas

  • Commercial Litigation
  • Insolvency
  • Appellate Practice

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
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 1182SingaporeUnderlying judgment that nTan sought to set aside due to lack of jurisdiction and breach of natural justice.
The “Abidin Daver”N/AYes[1984] Lloyd’s LR 339N/ACited for the principle that an appellate court should not interfere with a judge’s discretion simply because they would have reached a different conclusion.
Bellenden (formerly Satterthwaite) v SatterthwaiteN/AYes[1948] 1 All ER 343N/ACited for the principle that there is a generous ambit within which reasonable disagreement is possible in the exercise of judicial discretion.
The “Vishva Apurva”N/AYes[1992] 1 SLR(R) 912N/ACited for the test on when an appellate court can legitimately interfere with the exercise of discretion below.
Godfrey Gerald QC v UBS AG and othersN/AYes[2003] 2 SLR(R) 306N/ACited for applying the test in The “Vishva Apurva” in the context of an admission application for a QC.
Re Beloff Michael Jacob QCHigh CourtYes[2013] 4 SLR 849SingaporeThe High Court decision that was appealed against in the current case.
Re Andrews Geraldine Mary QCN/AYes[2013] 1 SLR 872N/ACited for a comprehensive history of the relevant statutory provisions regarding ad hoc admissions.
Re Caplan Jonathan Michael QCN/AYes[2013] 3 SLR 66N/ACited for the opinion that the ring-fenced areas of law all had “critical domestic content” and “features peculiar to Singapore”.
Re Lord Goldsmith Peter Henry PC QCN/AYes[2013] 4 SLR 921N/ACited for the suggestion that the ring-fenced areas of law had perhaps been singled out because in those areas, local law has diverged and become distinct from its English roots.
Management Corporation Strata Title Plan No 301 v Lee Tat Development Pte LtdN/AYes[2011] 1 SLR 998N/ACited as a case where a similar issue of breach of natural justice was raised and settled.
The Oriental Insurance Co Ltd v Reliance National Asia Re Pte LtdN/AYes[2008] 3 SLR(R) 121N/ACited to support the point that Singapore's regime governing scheme of arrangements is unique in that it is a hybrid of the English and Australian provisions.

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
  • Foreign Counsel
  • Special Qualifications
  • Necessity
  • Schemes of Arrangement
  • Legal Profession Act
  • Senior Counsel
  • Notification Matters
  • Setting-Aside Summonses

15.2 Keywords

  • Ad Hoc Admission
  • Foreign Counsel
  • Legal Profession Act
  • Schemes of Arrangement
  • Singapore

17. Areas of Law

Area NameRelevance Score
Natural justice80
Company Law70
Winding Up Application70
Corporate Debt Restructuring70
Corporate Insolvency70
Insolvency Law70
Companies Act70
Winding Up Proceedings70
Restructuring and Insolvency70
Restructuring70
Bankruptcy60
Litigation50
Appeal40
Commercial Disputes40
Civil Procedure40
Duty of Candour30
Shareholders Rights30
Fiduciary Duty30
Shareholder Rights30
Shareholders’ dispute30
Director's Duties30
Breach of director's duties30
Fiduciary relationships30
Shareholder's Loans30
Shareholders Agreements30
Corporate Governance Disputes30
Business Formation30
Corporate Disputes30
Directors' Liabilities30
Corporate Law30
Corporate Litigation30
Shareholder Agreements30
Corporate Restructuring30
Oppressive Conduct30
Unfairly Prejudicial Conduct30
Shareholding Disputes30
Corporate Veil30
Minority Oppression Remedy30
Administrative Law30
Abuse of Trust30
Minority shareholders30
Shareholders Disputes30
Contract Law20
Breach of Contract20
Summary Judgment20
Pleadings20
E-discovery10
International Commercial Arbitration10
International Arbitration Act10
International Commercial Law10
Arbitration10
International Arbitration10
Mediation10
Negotiation10
Joint Venture Disputes10
Statutory derivative action10
Joint Venture Law10
Obstructing, preventing, perverting or defeating course of justice10
Common law derivative action10
Revisionary Jurisdiction10
Restraint of Proceedings10
Quasi-partnerships10
Disqualification10
Effect of bankruptcy on directorship10
Derivative Actions10
Cross-border disputes10
Rectification of Contracts10

16. Subjects

  • Legal Profession
  • Civil Procedure
  • Insolvency Law