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Insolvency Set-Off in Judicial Management

Kwong Kai Sheng & Chong Yi-Hao Clayton

(2023) 35 SAcLJ 555

The Insolvency, Restructuring and Dissolution Act 2018 has extended the applicability of insolvency set-off to companies in judicial management. This presents an interesting issue as to how insolvency set-off operates when a company in judicial management transitions into winding up. This is an issue with practical consequences for insolvency practitioners and creditors alike. This article also examines the effect of judicial management on the crystallisation of floating charges, which impacts the mutuality required for insolvency set off to operate.