Introduction - Service of a Writ of Summons (Writ) on a company is typically effected by leaving the Writ at or sending the Writ by registered post to the registered.
Who is protected from Wrongful Dismissal
Following amendments to the Employment Act in 1 April 2019, all employees, regardless of salary, now receive protection against wrongful dismissal by the employer. Previously, this protection was limited to employees earning less than S$4,500. Today, even C-level employees may seek protection against wrongful dismissal.
Most employers will agree that if an employee is dismissed on the whim and fancy of the employer, this should be considered wrongful dismissal.
However, it may come as a surprise that even if the employee was:
dismissed with notice (the employee serves out the notice period and is paid during the notice period);
Introduction
The Court of Appeal (SGCA) had the opportunity to examine an insolvency mechanism that, while long-standing, has in recent years been seeing increased utilisation – creditors’ voluntary winding up of companies, or CVLs as we in the insolvency space fondly call it. In doing so, the SGCA provided pertinent guidance on the law relating to the commencement of a CVL. We take a look at
Superpark Oy v Super Park Asia Pte Ltd and ors [2021] SGCA 8 (Superpark).
Facts
The appellant, Superpark, was the 78.33% majority shareholder of the 1st respondent, Super Park Asia Group Pte Ltd (SPAG). SPAG was an investment holding company of various subsidiaries. The other shareholders of SPAG were one Treasure Step Global Limited (Treasure) and Vintex Oy (Vintex). One Kumarasinhe was the director and shareholder of Treasure. The directors of SPAG were one Juha (who was Superpark’s CEO and nominated representative on the board of SPAG), one Goh Ke Ching (Goh), and Kumarasinhe.
Introduction
Garnishee proceedings are one of the many options available to a judgment creditor to enforce a judgment debt. These proceedings are typically used to obtain monies in a judgment debtor’s bank account – such that the bank in question would have to transfer the monies in the account directly to the judgment creditor to satisfy the judgment debt owed.
Garnishee proceedings consist of two stages. First, a judgment creditor must obtain a provisional garnishee order, ordering the garnishee (often a bank) to show cause as to why the order should not be enforced. Second, the judgment creditor will then seek to make the garnishee order final at what is known as the “show cause” hearing.