Re Eye-Biz Pte Ltd (in compulsory liquidation): Liquidator's Application for Leave to Appoint Solicitor

The liquidators of Eye-Biz Pte Ltd (in compulsory liquidation) applied to the General Division of the High Court of Singapore on 27 February 2024 for leave to appoint Drew & Napier LLC as solicitors to pursue potential claims against the company's former directors and other persons. The application was made under s 144(1)(f) of the Insolvency, Restructuring and Dissolution Act 2018. Choo Han Teck J granted the application, allowing the appointment to take effect from 28 December 2023.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Application granted.

1.3 Case Type

Insolvency

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Liquidators of Eye-Biz Pte Ltd sought leave to appoint Drew & Napier LLC as solicitors. The court granted the application, allowing the appointment to take effect retroactively.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Timothy James ReidApplicantIndividualApplication grantedWonAndrew Chua Ruiming, Ng Jun De, Andrew
Ng Yau Yee TheresaApplicantIndividualApplication grantedWonAndrew Chua Ruiming, Ng Jun De, Andrew
Eye-Biz Pte Ltd (in compulsory liquidation)OtherCorporation

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Andrew Chua RuimingDrew & Napier LLC
Ng Jun De, AndrewDrew & Napier LLC

4. Facts

  1. Eye-Biz Pte Ltd was a supplier of optical products.
  2. Eye-Biz Pte Ltd was wound up on 23 May 2023 on the application of its creditor, Johnson & Johnson Pte Ltd.
  3. The applicants are the liquidators of Eye-Biz Pte Ltd.
  4. The liquidators believe that the Company may have claims against its former directors and other persons.
  5. The liquidators applied for leave to appoint Drew & Napier LLC as solicitors.
  6. Drew & Napier LLC previously acted for the creditor Johnson & Johnson.

5. Formal Citations

  1. Re Eye-Biz Pte Ltd (in compulsory liquidation), , [2024] SGHC 60
  2. Originating Application, 1296 of 2023, Originating Application No 1296 of 2023

6. Timeline

DateEvent
Insolvency, Restructuring and Dissolution Act 2018 enacted
Eye-Biz Pte Ltd wound up on application of Johnson & Johnson Pte Ltd
Liquidators appointed Drew & Napier LLC as solicitors
Originating Application No 1296 of 2023 filed
Hearing of the application
Judgment issued

7. Legal Issues

  1. Appointment of Solicitor by Liquidator
    • Outcome: The court granted leave to the liquidators to appoint Drew & Napier LLC as solicitors, with the appointment taking effect from 28 December 2023.
    • Category: Procedural
    • Related Cases:
      • [2023] SGHC 19
  2. Inherent Powers of the Court
    • Outcome: The court held that it has the inherent power to ratify an act, even an error that had occurred but rectified, and that this power is discretionary.
    • Category: Jurisdictional

8. Remedies Sought

  1. Leave to appoint a solicitor

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Liquidation

11. Industries

  • Optical Products

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Re Kirkham International Pte Ltd (in compulsory liquidation)High CourtYes[2023] SGHC 19SingaporeCited regarding the concerns of ratifying an appointment made before the application.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Insolvency, Restructuring and Dissolution Act 2018Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Liquidator
  • Winding up
  • Insolvency
  • Solicitor
  • Leave to appoint
  • Ratification
  • Inherent powers

15.2 Keywords

  • Insolvency
  • Liquidation
  • Liquidator
  • Solicitor
  • Appointment
  • Eye-Biz Pte Ltd

16. Subjects

  • Insolvency Law
  • Civil Procedure

17. Areas of Law

  • Insolvency Law
  • Civil Procedure
  • Winding up