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Does Size of Debt Always Prevail? – Determinative Factors for Court-Appointed Liquidators and Judicial Managers in Singapore

Kenneth Lim Tao Chung & Yeow Yuet Cheong

[2023] SAL Prac 22

What factors are considered when a court decides to appoint an insolvency practitioner as a judicial manager or liquidator, in circumstances where two or more nominees are put forward by different stakeholders in insolvency proceedings? Would a creditors’ nomination, or the size of the debt owed, take precedence over other relevant factors? This article will examine the key factors relevant to the court’s exercise of discretion in relation to the appointment of insolvency office holders in Singapore, with reference to recent Singapore cases including Re Hodlnaut Pte Ltd [2022] SGHC 209 as well as decisions from other Commonwealth jurisdictions.