Chan Kwong Shing v Invidia Capital: Trustees' Application for Email Access under IRDA s 370(1)
Mr. Chan Kwong Shing, Adrian, and Mr. Lai Seng Kwoon, as trustees of Ng Yu Zhi's bankruptcy estate, applied to the General Division of the High Court of Singapore on February 9, 2024, for an order compelling Invidia Capital Pte Ltd (in creditors’ voluntary liquidation) to provide copies of certain emails under section 370(1) of the Insolvency, Restructuring and Dissolution Act 2018. The court, presided over by Justice Goh Yihan, granted the application, holding that the emails constituted property or records relating to the bankrupt's estate and were under the control of the bankrupt.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Application granted.
1.3 Case Type
Insolvency
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Trustees of Ng Yu Zhi's bankruptcy estate sought access to emails from Invidia Capital. The court granted the application, finding it within the scope of IRDA s 370(1).
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chan Kwong Shing, Adrian | Applicant | Individual | Application granted | Won | Lin Weiwen Moses, Manvindar Kaur Sethi d/o Sarwan Singh |
| Lai Seng Kwoon | Applicant | Individual | Application granted | Won | Lin Weiwen Moses, Manvindar Kaur Sethi d/o Sarwan Singh |
| Invidia Capital Pte Ltd (in creditors’ voluntary liquidation) | Respondent | Corporation | Application granted | Lost | Woo Yin Loong Christopher, Chow Ee Ning |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Goh Yihan | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lin Weiwen Moses | Shook Lin & Bok LLP |
| Manvindar Kaur Sethi d/o Sarwan Singh | Shook Lin & Bok LLP |
| Woo Yin Loong Christopher | Quahe Woo & Palmer LLC |
| Chow Ee Ning | Quahe Woo & Palmer LLC |
4. Facts
- Mr. Chan Kwong Shing, Adrian and Mr. Lai Seng Kwoon are the joint and several trustees of the bankruptcy estate of Mr. Ng Yu Zhi.
- Invidia Capital Pte Ltd was placed into creditors’ voluntary liquidation on 25 May 2021.
- Ng Yu Zhi was a director and majority shareholder of Invidia Capital Pte Ltd.
- The applicants requested NYZ’s devices and/or emails, that were in ICPL’s possession.
- Keyword searches resulted in 4,177 unique emails.
- The liquidator asked that this be done by way of a consent application and for an order of court to be obtained for good order.
5. Formal Citations
- Chan Kwong Shing Adrian (in his capacity as the joint and several trustee of the bankruptcy estate of Ng Yu Zhi) and anothervInvidia Capital Pte Ltd (in creditors’ voluntary liquidation), Originating Application No 28 of 2024, [2024] SGHC 40
6. Timeline
| Date | Event |
|---|---|
| ICPL placed into creditors’ voluntary liquidation | |
| Judgment reserved | |
| Judgment issued |
7. Legal Issues
- Seizure of bankrupt’s books, papers or records
- Outcome: The court held that the applicants were entitled to the Extracted Email Results under s 370(1) of the IRDA.
- Category: Substantive
- Permission to commence proceedings against a company in liquidation
- Outcome: The court held that the applicants did not require permission to commence the application under s 370(1) of the IRDA.
- Category: Procedural
8. Remedies Sought
- Order that ICPL’s liquidator provide copies of certain emails to them.
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Insolvency
- Bankruptcy Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Korea Asset Management Corp v Daewoo Singapore Pte Ltd (in liquidation) | High Court | Yes | [2004] 1 SLR(R) 671 | Singapore | Cited for the purpose of s 170(2) of the IRDA is “to prevent the company from being further burdened by expenses incurred in defending unnecessary litigation” |
| An Guang Shipping Pte Ltd (judicial managers appointed) and others v Ocean Tankers (Pte) Ltd (in liquidation) | Court of Appeal | Yes | [2022] 1 SLR 1232 | Singapore | Cited for the principle that an application to obtain directions from the court is not a proceeding against the company. |
| Shlosberg v Avonwick Holdings Ltd | English High Court | Yes | [2017] Ch 210 | England and Wales | Cited for the wide definition of 'property' under insolvency law. |
| In re Celtic Extraction Ltd (in liquidation) | English Court of Appeal | Yes | [2001] Ch 475 | England and Wales | Cited for the principle that the definition of 'property' in insolvency law is broad but not boundless. |
| Nokes v Doncaster Amalgamated Collieries Ltd | N/A | Yes | [1940] AC 1014 | N/A | Cited for the principle that the word “property” is not a term of art but takes its meaning from its context |
| Kirby v Thorn EMI plc | N/A | Yes | [1988] 1 WLR 445 | N/A | Cited for the principle that the word “property” is not a term of art but takes its meaning from its context |
| Hollinshead v Hazleton | N/A | Yes | [1916] 1 AC 428 | N/A | Cited for the principle of public policy in bankruptcy that the entire property of the bankrupt shall be appropriated for the payment of his creditors |
| Heath v Tang | N/A | Yes | [1993] 1 WLR 1421 | N/A | Cited for the principle that the definition of “property” is subject to the implied exclusion of rights of the bankrupt with reference to his body, mind or character |
| Re Baxendale-Walker (A Bankrupt) | English High Court | Yes | [2018] EWHC 3572 (Ch) | England and Wales | Cited for the scope of the expression “books, papers and other records which relate to the bankrupt’s estate” |
| Haig v Aitken | English High Court | Yes | [2001] Ch 110 | England and Wales | Cited for the trustee’s purview under section 311(1) is wide. |
| Shlosberg v Avonwick Holdings Ltd | English Court of Appeal | Yes | [2017] Ch 251 | England and Wales | Cited for the principle that books, papers, or records must enable the Official Assignee to discharge his overriding function of realising and distributing the bankrupt’s estate |
13. Applicable Rules
| Rule Name |
|---|
| Order 4, Rule 7 of the Rules of Court 2021 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
| s 370(1) of the Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
| s 170(2) of the Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
| s 369(1) of the Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
| s 2 of the Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
| s 6(1) of the Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
| s 6(2) of the Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Bankruptcy estate
- Creditors’ voluntary liquidation
- Joint and several trustees
- Extracted Email Results
- Section 370(1) IRDA
15.2 Keywords
- Bankruptcy
- Insolvency
- Email Seizure
- IRDA
- Trustees
- Liquidation
16. Subjects
- Bankruptcy
- Insolvency Law
- Civil Procedure
17. Areas of Law
- Insolvency Law
- Bankruptcy