Article: Shareholders or members bringing a statutory derivative action on behalf of the company

Singapore Law; Legal; Lawyer

What can a shareholder or company member do if the company has a claim against a third party but the directors of the company fail, neglect or refuse to commence action to pursue that claim? What if the claim is against the company’s directors for breach of directors’ or fiduciary duties? Or what if the directors are pursuing a legal action on behalf of the company which does more harm than good to the company?

The member can apply to the Singapore Court to commence, defend or discontinue an action on behalf of the company. Under Singapore law, such an action is known as a derivative action. It’s derivative because under common law principles, the claim strictly speaking belongs only to the company (this is the proper plaintiff rule). However, the common law and the Companies Act in Singapore provide for certain rules to allow a member to bring a derivative action on behalf of the company under Singapore law.

Continue reading “Article: Shareholders or members bringing a statutory derivative action on behalf of the company”

Terrorism threats as opportunities

“We face four types of inter-related threats in Singapore, and they are becoming more urgent. First, of course, is the threat of a terrorist attack. It is not a question of “if” but “when”. Second is the threat of radicalisation of a part of the Muslim population. The third problem we face is our Muslim population growing somewhat distant from the rest of our society. The fourth, which is a very serious threat, is Islamophobia among our non-Muslim communities.”

Continue reading “Terrorism threats as opportunities”

Article: Subpoenaed as Court Witnesses

Singapore Law; Legal; Lawyer

Can any person be subpoenaed as witness in a trial?

There is no property in a witness. The reason is because the court has a right to every man’s evidence. Its primary duty is to ascertain the truth. Neither one side nor the other can debar the court from ascertaining the truth either by seeing a witness beforehand or by purchasing his evidence or by making communication to him. In no way can one side prohibit the other side from seeing a witness of fact, from getting the facts from him and from calling him to give evidence or from issuing him with a subpoena: Harmony Shipping Co. S.A. v. Saudi Europe Line Ltd. [1979] 1 WLR 1380 (CA) at 1385-1386.

Continue reading “Article: Subpoenaed as Court Witnesses”

Article: Cross-border or international aspects in matrimonial and divorce law

Singapore Law; Legal; Lawyer

Must two Singaporeans who marry in a foreign country register their marriage in Singapore? Can foreigners married in a foreign country divorce in Singapore? Can a foreigner apply for maintenance or child custody orders in Singapore post-divorce in a foreign court? Can divorce orders or related orders made by foreign courts be enforced in Singapore? As people become increasingly mobile, these are some issues which more frequently surface in matrimonial and divorce proceedings. This article examines some of these legal issues.

Continue reading “Article: Cross-border or international aspects in matrimonial and divorce law”