Excusing Notice Under Singapore's Statutory Derivative Action

16 Pages Posted: 18 Dec 2013

See all articles by Alan K. Koh

Alan K. Koh

Nanyang Business School, Nanyang Technological University; Centre for Asian Legal Studies, Faculty of Law, National University of Singapore

Date Written: December 17, 2013

Abstract

Under the Singapore Companies Act, a complainant applying for leave to pursue a derivative action must give fourteen days’ notice to the company, but the judge hearing the leave application is by statute granted discretion to excuse non-compliance with the notice requirement. In Fong Wai Lyn Carolyn v Airtrust (Singapore) Pte Ltd, the Singapore High Court attempted to address for the first time the question of when the court would exercise its discretion to excuse. This article critically evaluates the decision on this issue in Airtrust, and offers guidelines synthesised from Commonwealth jurisprudence on how the Singapore courts could exercise their statutory discretion to excuse notice in the future.

Suggested Citation

Koh, Alan K., Excusing Notice Under Singapore's Statutory Derivative Action (December 17, 2013). Australian Journal of Asian Law, 2013, Vol 14 No 2, Article 3: 223-238, Available at SSRN: https://ssrn.com/abstract=2368634

Alan K. Koh (Contact Author)

Nanyang Business School, Nanyang Technological University ( email )

Singapore, 639798
Singapore

HOME PAGE: http://www.alankkoh.com

Centre for Asian Legal Studies, Faculty of Law, National University of Singapore

469G Bukit Timah Rd, Faculty of Law
National University of Singapore
Singapore, Other / Not Applicable 259776
Singapore

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