Lin Yueh Hung v Andreas Vogel: Self-Representation & Void Dissolution
The General Division of the High Court heard applications by Andreas Vogel & Partner, Rechtsanwaelte, AV & P Legal LLP and Andreas Vogel Pte Ltd to be self-represented in Originating Application No 220 of 2023, brought by the liquidators of CST South East Asia Pte Ltd (In Members’ Voluntary Liquidation). The liquidators sought a determination on the validity of their decision to reject claims filed by the defendants. The court allowed both applications for self-representation.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Applications to allow self-representation granted.
1.3 Case Type
Insolvency
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Liquidators sought determination on claim rejections. Court allowed defendants Andreas Vogel & Partner, Rechtsanwaelte, AV & P Legal LLP and Andreas Vogel Pte Ltd to be self-represented.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lin Yueh Hung | Applicant | Individual | Applications granted | Won | |
| Ng Kian Kiat | Applicant | Individual | Applications granted | Won | |
| Andreas Vogel & Partner, Rechtsanwaelte, AV & P Legal LLP | Defendant | Limited Liability Partnership | Application Allowed | Won | |
| Andreas Vogel Pte Ltd | Defendant | Corporation | Application Allowed | Won | |
| Andreas Vogel | Defendant | Individual | Neutral | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Goh Yihan | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Yee Ming | Kelvin Chia Partnership |
4. Facts
- The Liquidators of CST South East Asia Pte Ltd sought determination on rejection of claims.
- Andreas Vogel & Partner, Rechtsanwaelte, AV & P Legal LLP applied for self-representation.
- Andreas Vogel Pte Ltd applied for self-representation.
- The liquidators rejected claims from AVPLLP, AVPL and AV due to lack of capacity, basis, time-barred claims, and insufficient evidence.
- The liquidators were concerned that the creditors may apply to court for a declaration that the dissolution is void.
5. Formal Citations
- Lin Yueh Hung (as liquidators of CST South East Asia Pte Ltd (in members’ voluntary liquidation)) and another vAndreas Vogel & Partner, Rechtsanwaelte, AV & P Legal LLP and others, Originating Application No 220 of 2023 (Summonses Nos 1510 and 1511 of 2023), [2023] SGHC 208
6. Timeline
| Date | Event |
|---|---|
| Company placed under members’ voluntary liquidation | |
| Liquidators requested creditors to submit claims | |
| Claims and supporting invoices dated | |
| Liquidators informed creditors of decision to reject claims | |
| Liquidators reiterated decision to reject claim to Andreas Vogel | |
| Andreas Vogel & Partner, Rechtsanwaelte, AV & P Legal LLP objected to rejection of claims | |
| Andreas Vogel Pte Ltd objected to rejection of claims | |
| Liquidators sought further clarification from Andreas Vogel & Partner, Rechtsanwaelte, AV & P Legal LLP and Andreas Vogel Pte Ltd | |
| Affidavit of Lin Yueh Hung dated | |
| Letter of Authorisation dated | |
| Affidavit of Andreas Dieter Vogel dated | |
| Affidavit of Loh Kong Hon dated | |
| Hearing in relation to the applications | |
| Court heard Andreas Vogel in relation to the applications | |
| Andreas Vogel filed a supplementary affidavit | |
| Supplementary Affidavit of Andreas Dieter Vogel dated | |
| Judgment reserved |
7. Legal Issues
- Self-representation of company
- Outcome: The court allowed the companies to be self-represented by their officers.
- Category: Procedural
- Void dissolution of company
- Outcome: The court did not make a ruling on the void dissolution of the company, as the main issue was self-representation.
- Category: Substantive
8. Remedies Sought
- No remedies sought
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Civil Litigation
- Insolvency Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Bulk Trading SA v Pevensey Pte Ltd and another | High Court | Yes | [2015] 1 SLR 538 | Singapore | Discussed the procedural requirements for self-representation under the Rules of Court. |
| Allergan, Inc and another v Ferlandz Nutra Pte Ltd | High Court | Yes | [2015] 2 SLR 94 | Singapore | Discussed the factors to consider when granting leave for self-representation. |
| Elbow Holdings Pte Ltd v Marina Bay Sands Pte Ltd | High Court | Yes | [2015] 5 SLR 289 | Singapore | Summarized the factors identified in previous authorities regarding self-representation. |
| HG Metal Manufacturing Ltd v Gayathri Steels Pte Ltd and others | High Court | Yes | [2016] 5 SLR 238 | Singapore | Stated that procedural steps must be strictly complied with before an application for self-representation may be considered. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court 2021 |
| O 4 r 3(3) of the Rules of Court 2021 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
| section 34(1)(ea) of the Legal Profession Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Self-representation
- Liquidators
- Insolvency
- Dissolution
- Creditors
- Claims
15.2 Keywords
- Self-representation
- Insolvency
- Dissolution
- Liquidators
- Singapore
- Legal Profession Act
- Rules of Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Liquidation | 80 |
| Civil Practice | 70 |
| Self-representation | 60 |
| Bankruptcy | 60 |
| Company Law | 50 |
| Administrative Law | 20 |
| Estate Administration | 10 |
16. Subjects
- Insolvency
- Civil Procedure
- Company Law