Ganesh Paulraj v Avantgarde Shipping: Restoration of Struck-Off Company for Contractual Claim

In Ganesh Paulraj v Avantgarde Shipping Pte Ltd, the High Court of Singapore heard an application by Ganesh Paulraj to restore A&T Offshore Pte Ltd, a struck-off company, to pursue a contractual claim against Avantgarde Shipping. The court, presided over by Aedit Abdullah J, allowed the application, finding that the applicant had standing, there was practical benefit to the restoration, and no prejudice to the respondent. The respondent has appealed against the decision.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application Granted

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Application to restore A&T Offshore, a struck-off company, to pursue a contractual claim against Avantgarde Shipping. The court allowed the restoration.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ganesh PaulrajApplicantIndividualApplication GrantedWon
Avantgarde Shipping Pte LtdRespondentCorporationApplication DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Aedit AbdullahJudgeYes

4. Counsels

Counsel NameOrganization
Chang Guo En Nicholas Winarta ChandraParwani Law LLC
Vijai Daramdas ParwaniParwani Law LLC
Tan Wen Cheng AdrianAugust Law Corporation
Low Zhi Yu JanusAugust Law Corporation

4. Facts

  1. A&T Offshore Pte Ltd was struck off the register in April 2017.
  2. The Applicant, Ganesh Paulraj, was a director of A&T Offshore.
  3. A&T Offshore had a potential contractual claim against Avantgarde Shipping Pte Ltd.
  4. The Applicant's company, Tuff Offshore Engineering Services Pte Ltd, performed work for the Respondent.
  5. The Applicant had previously agreed to strike off the Company.
  6. The restoration of the Company is to allow it to commence an action against the Respondents.

5. Formal Citations

  1. Ganesh Paulraj v Avantgarde Shipping Pte Ltd, Originating Summons 1260 of 2017, [2018] SGHC 140

6. Timeline

DateEvent
Company incorporated
Company applied to be struck off the register
Company struck off the register
Applicant became a director of Tuff
Originating Summons filed
Hearing date
Judgment issued

7. Legal Issues

  1. Locus Standi
    • Outcome: The court held that the applicant, as a director, had sufficient standing to apply for restoration.
    • Category: Procedural
  2. Practical Benefit of Restoration
    • Outcome: The court found that the restoration would allow the company to pursue a contractual claim, which constituted a practical benefit.
    • Category: Substantive
  3. Prejudice to Respondent
    • Outcome: The court determined that the respondent would not suffer relevant prejudice from the restoration.
    • Category: Substantive

8. Remedies Sought

  1. Restoration of Company
  2. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Company Law
  • Commercial Litigation

11. Industries

  • Shipping

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Re Asia Petan Organisation Pte LtdHigh CourtYes[2018] 3 SLR 435SingaporeCited for the framework for restoration of struck-off companies, including locus standi, practical benefit, and prejudice.
In re Wood & Martin (Bricklaying Contractors) LtdN/AYes[1971] 1 WLR 293England and WalesCited regarding the interpretation of 'any other person who appears to the court to be interested' in the context of company restoration.
In re Roehampton Swimming Pool LtdN/AYes[1968] 1 WLR 1693England and WalesDifferentiated from the present case; cited as an example of an applicant lacking a pecuniary or proprietary interest in the company's restoration.
Arnold World Trading Pty Ltd v ACN 133 427 335 Pty LimitedSupreme Court of New South WalesYes[2010] NSWSC 1369AustraliaDiscussed in relation to the termination of a creditors’ voluntary winding up and the question of restoration.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Companies Act (Cap 50, 2006 Rev Ed) s 344(5)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Restoration of struck-off company
  • Locus standi
  • Practical benefit
  • Prejudice
  • Contractual claim
  • Director
  • Shareholder
  • Companies Act
  • Person aggrieved

15.2 Keywords

  • company
  • restoration
  • struck off
  • contract
  • shipping

17. Areas of Law

Area NameRelevance Score
Restoration of struck-off company85
Striking off defunct companies80
Company Law75
Business Litigation30
Bankruptcy20

16. Subjects

  • Company Law