Corporate Law (Singapore Context) - Research Paper

The Court of Appeal recently released its judgment on a section 216A application in Chong Chin Fook v Solomon Alliance Management Pte Ltd [2017] SGCA 05. The court dealt with the pre-requisites for the grant of leave, including the threshold requirements for intervention by a shareholder in on-going proceedings.

Write a comment on Chong Chin Fook. You may consider the following issues:

• Whether the good faith requirement injects unnecessary complexity into the leave application;
• The relevance of conflicts of interest on the part of the parties to the threshold requirements;
• The extent to which the interests of the company requirement requires the court to also take account of whether the applicant is a proper person to take control of the proceedings;
• And whether the threshold requirements should be different if the applicant seeks to intervene in on going proceedings.

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