Eng Beng Lee SC Managing Partner Practice Area: Business Finance & Insolvency Practice Appeals & Issues Practice     LLB (Hons), National University of Singapore BCL (Hons), Oxford University Senior Counsel, Supreme Court of Singapore Advocate & Solicitor, Singapore   T (65) 62320412 E eng.beng.lee@rajahtann.com Email  |  Print  |  vCard

Eng Beng was formerly a Justices’ Law Clerk in the Supreme Court of Singapore and a Lecturer and Senior Adjunct Fellow in the National University of Singapore, teaching various subjects including insolvency law, securities regulation and company law.

He has been recognized in his area of expertise by International Financial Law Review 1000 (2006, 2007, 2008, 2009), AsiaLaw Profiles (2007), Law Business Research’s Who’s Who Legal: Singapore 2008 and Guide to the World’s Leading Insolvency & Restructuring Lawyers.

Experience

He has an active practice in commercial litigation and arbitration, with emphasis on banking and financing disputes, debt enforcement and insolvency litigation, shareholders’ and joint venture disputes and general commercial disputes.  He has also handled a wide range of insolvency and banking advisory work, and the debt restructuring of large businesses and public listed companies.  He has published widely in the field of insolvency law and commercial law generally and his articles are often judicially cited in the Singapore courts. 

Notable Cases & Transactions

Reported Judgments

• Re John While Springs (S) Pte Ltd; Re Segno Precision Pte Ltd [2001] 1 SLR(R) 484.
• Hinckley Singapore Trading Pte Ltd v Sogo Department Stores (S) Pte Ltd (under judicial management) [2001] 3 SLR(R) 119.
• Oversea-Chinese Banking Corporation Ltd v Chng Sock Lee [2001] 3 SLR (R) 369.
• Oversea-Chinese Banking Corporation Ltd v Measurex  Corporation Bhd [2002] 2 SLR(R) 684.
• Show Theatres Pte Ltd (in liquidation) v Shaw Theatres Pte Ltd and Another [2002] 2 SLR(R) 1143.
• Hitachi Plant Engineering & Construction Co Ltd and Another v Eltraco International Pte Ltd and Another [2003] 4 SLR(R) 384.
• John While Springs (S) Pte Ltd and Another v Goh Sai Chuah Justin and Others [2004] 3 SLR(R) 596.
• S & E Tech Pte Ltd v Western Electric Pacific Ltd and Another [2006] 2 SLR(R) 7.
• DBS Bank Ltd v Carrier Singapore (Pte) Ltd [2008] 3 SLR(R) 261; [2008] SGHC 53.
• Altus Technologies Pte Ltd (under judicial management) v Oversea-Chinese Banking Corp Ltd [2009] 4 SLR(R) 296; [2009] SGHC 159.
• Oversea-Chinese Banking Corp Ltd v Asia Pacific Links Ltd and another (Abdul Rahman bin Maarip, third party) [2011] 1 SLR 906; [2010] SGHC 301.
• E C Investment Holding Pte Ltd v Ridout Residence Pte Ltd and others and another appeal [2012] 1 SLR 32; [2011] SGCA 50.
• Coöperatieve Centrale Raiffeisen-Boerenleenbank BA (trading as Rabobank International, Singapore Branch) v Jurong Technologies Industrial Corp Ltd (under judicial management) [2011] 4 SLR 977; [2011] SGCA 48
• AUR and another v AUT and another [2011] SGDC 331AUR and another v AUT and another [2011] SGDC 331.
• Hong Alvin v Chia Quee Khee [2011] SGHC 249.
• Cheo Sharon Andriesz v Official Assignee of the estate of Andriesz Paul Matthew, a bankrupt [2012] 4 SLR 89; [2012] SGHC 140
• The Royal Bank of Scotland NV (formerly known as ABN Amro Bank NV) and others v TT International Ltd and another appeal [2012] 2 SLR 213; [2012] SGCA 9.
• The Royal Bank of Scotland NV (formerly known as ABN Amro Bank NV) and others v TT International Ltd and another appeal [2012] SGCA 53.
• Tan Juay Pah v Kimly Construction Pte Ltd and others [2012] 2 SLR 549; [2012] SGCA 17.
• Loh Sioh Hon (administratrix of the estate of Chiam Heok Yong, deceased) v Loh Siok Moey [2012] SGCA 14.

Unreported Judgments

• Standard Chartered Bank v Elang Mas Enterprise Pte Ltd and Others [2003] SGHC 181.
• Stahltec Metallhandels GmbH v Chuan Ann Metals Pte Ltd and Others [2005] SGHC 46.
• Metalform Asia Pte Ltv v Holland Leedon Pte Ltd [2006] SGHC 74.
• Ong Chay Tong & Sons (Pte) Ltd v Ong Hoo Eng and Another, Originating Summons No. 180 of 2007/D.
• Michael de Kretser Consultants Pte Ltd v De Kretser Michael Earnleigh and Another [2008] SGHC 66.
• Calwealth Properties Pte Ltc v Management Corporation Strata Title Plan No. 562 [2009] SGHC 108

Judicial Citations of Articles

• Show Theatres Pte Ltd v Shaw Theatres Pte Ltd [2002] 2 SLR 144
• Panorama Development Pte Ltd v Fitzroyal Investments Pte Ltd [2003] 1 SLR 93
• Re Tiong Polestar Engineering [2003] 4 SLR 1
• Neo Corp Pte Ltd v Neocorp Innovations Pte Ltd [2005] 4 SLR 681
• RBG Resources plc v Credit Lyonnais [2006] 1 SLR 240
• Neo Corp Pte Ltd (in liquidation) v Neocorp Innovations Pte Ltd [2006] SGCA 15
• Amrae Benchuan Trading Pte Ltd (in liquidation) v Tan Te Teck Gregory [2006] SGHC 181
• Ngiam Kong Seng and Another v Lim Chiew Hock [2008] 3 SLR 674; [2008] SGCA 23
• Power Knight Pte Ltd v Natural Fuel Pte Ltd [2010] SGHC 75

Insolvency And Shareholders’ Disputes Cases

• Advising and acting as counsel for bank lenders in various insolvencies, including the Grandlink Group, the Hiang Kie Group, the Euro-Asia Group and Tan Hock Keng Group.
• Advising bank lenders in the debt restructuring of various public listed companies, including the LKN Group, the Hongkong-listed UDL Group, Oakwell Engineering Limited, Accord Customer Care Solutions Ltd (now known as mDR Ltd), Ban Joo & Company Limited, AirOcean Group Limited, Fu Yu Corporation Ltd, the Goldtron Group, the IPC Group, the SK Global Group, the FHTK Group, the Thakral Brothers Group, the Jaya Group and TT International Limited.
• Advising and acting as counsel for insolvency office-holders, including the judicial managers of Barings Futures (Singapore) Pte Ltd and the Sogo Group.
• Advising and acting as counsel in various shareholders’ disputes, including disputes involving Ong Holdings Pte Ltd (the holding company of Hwa Hong Corporation Limited), the Lam Soon Group, the Keck Seng Group of Companies and the Metalform Group.
• Acting for Lindeteves-Jacoberg Ltd, a public listed company, in connection with the restructuring of its debts.

Memberships / Directorships

• Member, Insolvency Committee of the Law Society of Singapore (20 January 2005 – Present)
• Fellow, Insolvency Practitioners Association of Singapore (6 October 2005 – Present)
• Member, Committee To Develop The Singapore Legal Services Sector (2006 – 2007)
• Member, Board of Legal Education (July 2008 – May 2011)
• Board Member, Energy Market Authority of Singapore (EMA) (11 March 2009 – Present)
• Director, Ascendas Pte Ltd (1 September 2009 – Present)
• Member, Criminal Law Advisory Committee (Hearing) appointed by the Minister for Home Affairs (1 March 2010 – Present)
• Member of the Rules Committee, appointed by the Chief Justice pursuant to Section 80 of the Supreme Court of Judicature Act (1 October 2010 – Present)
• Chairman, Insolvency Law Review Committee formed by the Ministry of Law to review the existing bankruptcy and corporate insolvency regimes. (November 2010 – Present)
• Member, Singapore Management University School of Law Advisory Board (March 2011 – Present)
• Chief Examiner, Commercial Practice component of the inaugural Foreign Practitioner Examination of Singapore Institute of Legal Education  (6 May 2011 – Present) 
• Board Member, Info-Communications Development Authority of Singapore (1 December 2011 – Present)
• Member, Senate of the Singapore Academy of Law (7 January 2012 – Present)

Publications

• Vindication of the Three Proximities [1993] SJLS 528
• The Avoidance Provisions Of The Bankruptcy Act 1995 And Their Application to Companies [1995] SJLS 597.
• Barings in Singapore: Application For Access To Documents By A Foreign Investigative Body (1995/1996) 2 RALQ 187
• Security Deposit Arrangements In Insolvency (1996) 8 SAcLJ 458
• A Perspective On The Economic Torts [1996] SJLS 482
• Personal Liability of Judicial Manager And Receivers Under The Companies Act (1996) 8 SAcLJ 249
• Trust Funds, Ascertainability of Beneficial Interest and Insolvency Set-Off (1996) 8 SAcLJ 489
• Discharge Under The New Bankruptcy Regime [1996] SJLS 600
• Co-Editor, Current Legal Issues in International Commercial Litigation (1997)
• Claims for Interest in Bankruptcy and Winding Up (1997) 9 SAcLJ 51
• Excessive Statutory Demands in Winding Up and Bankruptcy [1997] SJLS 532
• Receivership, Liquidation and Torrens Land (1997) 9 SAcLJ 416
• The Illogicality and Obscurity of the Economic Torts (1997) 9 SAcLJ 427
• Not Quite Unclogged [1997] SJLS 597
• Winding Up Petitions Founded on a Bona Fide Disputed Debt (1998) 10 SAcLJ 180
• Unsecured Creditor Versus Unregistered Charge (1998) 10 SAcLJ 241
• Issues in Debt Restructuring, The Singapore Law Gazette, March 1999
• Insolvency & Restructuring in Singapore, Chapter 26 Insolvency & Restructuring 2000, 2001, 2002, 2003, 2004, 2005 & 2006 (co-author)
• Invisible and Springing Security Interests in Corporate Insolvency Law (2000) 12 SAcLJ 210
• Singapore Academy of Law Annual Review on Insolvency Law (2000) SAL Ann Rev 201
• Singapore Academy of Law Annual Review on Insolvency Law (2001) SAL Ann Rev 239
• Review of the Law Relating to Corporate and Personal Insolvency, Developments in Singapore Law between 1996 and 2000, 165-229
• Singapore Academy of Law Annual Review on Insolvency Law (2002) SAL Ann Rev 243
• Singapore Academy of Law Annual Review on Insolvency Law (2003) SAL Ann Rev 263
• Contributor, Singapore Court Practice 2003
• Duties and liabilities of directors of insolvent companies, Asian Legal Business, June 2003 issue
• Recent Developments on Insolvency Laws and Business Rehabilitations – National & Cross-border Issues, The 8th Asean Law Association General Assembly 2003
• Singapore Academy of Law Annual Review on Insolvency Law (2004) SAL Ann Rev 302
• Contributor, Singapore Court Practice 2004
• Contributor, Singapore Court Practice 2005
• Surviving Spectrum Plus: Fixing Charges Over Debts (2005) 17 SAcLJ 932
• Singapore Academy of Law Annual Review on Insolvency Law (2005) 6 SAL Ann Rev 279
• Contributor, Singapore Court Practice 2006
• Ring-fencing of an Insolvent Foreign Company's Assets – A Dichotomy in Approaches in the Singapore Context, INSOL World – Fourth Quarter 2006 (co-author)
• Singapore Academy of Law Annual Review on Insolvency Law (2006) 7 SAL Ann Rev 273
• Singapore Academy of Law Annual Review on Insolvency Law (2007) 8 SAL Ann Rev 251
• Singapore Academy of Law Annual Review on Insolvency Law (2008) 9 SAL Ann Rev 330
• The Downward Spiral, Inter Se July–Dec 2009 issue, Singapore Academy of Law
• Singapore Academy of Law Annual Review on Insolvency Law (2009) 10 SAL Ann Rev 340
• Singapore Academy of Law Annual Review on Insolvency Law (2010) 11 SAL Ann Rev 387  
• Singapore Academy of Law Annual Review on Insolvency Law (2011) 12 SAL Ann Rev 319
• Member, Securities Industry Council, appointed by Deputy Prime Minister Tharman Shanmugaratnam (1 Aug 2012 – Present)