Introduction
In the course of corporate insolvency, there are certain
obstacles that must be navigated in order to progress from
initiating a winding up application to the actual winding up of the
company. One such roadblock is that the applicant must overcome any
opposition filed against the winding up. The question then arises
as to who is entitled to oppose a winding up application.
In Atlas Equifin Pte Ltd v Electronic Cash and Payment
Solutions (S) Pte Ltd [2022] SGHC 258, the Singapore High
Court had the opportunity to consider the relatively unexplored
issue of whether a shareholder/contributory has standing to oppose
a creditor's winding up application. After assessing the
legislation and the existing authorities, the Court held that a
shareholder/contributory does in fact have such standing.
