Abstract:
Group Lease Holdings Pte Ltd v Group Lease Public Co Ltd [2024] SGHC 302 concerned an interim injunction application brought by the company and its liquidator, in the context of a clawback action against the company’s parent. Two important and novel issues were raised: (a) whether an unregistered charge is void against a provisional liquidator; and (b) whether the exercise of a charge created in circumstances rendering it an unfair preference may be restrained under s 270 of the Companies Act 1967 (2020 Rev Ed). This article addresses these twin developments in the law of company liquidation and their potential implications.