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 Nigel Pereira
Partner

Practice Area:
Business Finance & Insolvency Practice
Family, Probate & Trusts Practice
 
 Grad Dip Sing Law, National University of Singapore
LLB (Hons), University of Durham
Advocate & Solicitor, Singapore
Solicitor, England & Wales (non-practising)


 

T (65) 62320629
E nigel.pereira@rajahtann.com
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Nigel was called to the Singapore Bar in May 2004 after graduating from the University of Durham with an LL.B in 2002 and from the National University of Singapore with a Graduate Diploma in Singapore Law in 2003. Nigel is also admitted as a solicitor in England and Wales.

Experience 

Nigel has litigation, arbitration and mediation experience and has been involved in a wide range of commercial disputes, with an emphasis on corporate insolvency, fraud investigations and debt restructuring. He has acted for and advised parties (from both creditor and debtor perspectives) on a range of personal and corporate insolvency issues encompassing liquidation, judicial management, schemes of arrangement, voluntary arrangements and restructuring. He has also advised on cross-border insolvency and recovery and investigations into cross-border dissipation of assets and tracing. He also has experience with SIAC and JCAA arbitrations.

Nigel has also acted for parties in other commercial disputes, in recovery claims for contractors, suppliers and service providers, in landlord and tenant disputes and in disposal inquiry proceedings. He also has an active practice in family disputes, particularly in maintenance and custody issues. Nigel has also participated as a panel speaker on dispute resolution and also volunteers at pro-bono legal clinics. 

Notable Cases & Transactions 

Commercial litigation and international arbitration

  • Skandinaviska Enskilda Banken AB (Publ), Singapore Branch v Asia Pacific Breweries (Singapore) Pte Ltd and another and another appeal [2011] 3 SLR 540 and Skandinaviska Enskilda Banken AB (Publ), Singapore Branch v Asia Pacific Breweries (Singapore) Pte Ltd and another and another suit [2009] 4 SLR(R) 788 
  • Raffles Money Change Pte Ltd (formerly known as Honest Money Changer Pte Ltd) v Skandinaviska Enskilda Banken AB (Publ) (formerly known as Skandinaviska Enskilda Banken AB) [2009] 3 SLR(R) 1
  • S Y Technology Inc v Pacific Recreation Pte Ltd [2007] 2 SLR(R) 756
  • CHS CPO GmbH & Another v Vikas Goel & Others [2006] SGHC 49
  • OCM Opportunities Fund II, LP & Others v Burhan Uray (alias Wong Ming Kiong) & Others [2004] 4 SLR 74
  • Represented a trust in an SIAC arbitration against an Indonesian pulp company in a multi-million dollar claim arising from various pulp purchase agreements.
  • Represented a distributor in a JCAA arbitration arising from termination of a distribution agreement.
  • Advised and acted for sub-contractors, landlords and tenants in disputes before the Subordinate Courts and High Court on issues relating to breach of contract, recovery of arrears and debts, conversion and distress.
  • Advised and acted for minority shareholders in shareholder disputes, in particular local and foreign shareholders of a restaurant group and PRC shareholders of a ship building group.

Fraud, tracing and cross-border matters

  • Advised special accountants on disclosure requirements of a listed company in relation to certain acquisitions and transactions.
  • Advised forensic investigators on aspects of investigations in relation to corporate governance and internal control issues of local companies with subsidiary operations in China and Indonesia.
  • Advised forensic accountants on investigations into potential dissipation of assets by a listed company with subsidiaries in the region, including fabrication of fictitious invoices, phantom suppliers, wrongful use of company funds, general mismanagement and breaches of directors’ duties.
  • Advised on cross-border tracing of assets arising from fraudulent mismanagement of a USD350 million fund set up in various cities in Indonesia, including Jakarta, Bandung, Surabaya and Bali.
  • Advised local and foreign institutions on banking issues, including the enforcement of banking facilities and securities (local and cross-border), advising on banking secrecy obligations, suspicious transaction reporting, and anti-money laundering regulations.
  • Advised banks in rights of recovery in disposal inquiry proceedings.
  • Advised on issues relating to the recovery of assets of a Sri Lankan national in Singapore.

Insolvency and restructuring

  • The Royal Bank of Scotland NV (formerly known as ABN Amro Bank NV) and Ors v TT International Ltd and anor appeal [2012] SGCA 9
  • Liquidators of Progen Engineering Pte Ltd v Progen Holdings Ltd [2010] 4 SLR 1089 and Liquidators of Progen Engineering Pte Ltd v Progen Holdings Ltd [2009] SGHC 286
  • Advised and acted for provisional liquidators and liquidators of an s-chip listed company registered in Bermuda on a range of liquidation issues in Singapore. 
  • Advised liquidators in relation to potential claims against officers of the company in liquidation and recipients of unfair preference payments.
  • Advised and acted for liquidators in private examinations of officers of the company in liquidation.
  • Advised creditors and lenders on debt restructuring exercises, schemes of arrangements and rights against the company in liquidation.
  • Advised and acted for companies, including listed companies, in schemes of arrangement, judicial management and insolvent liquidation and advised on solvent liquidation. 
  • Advised local and foreign businesses on winding-down and cessation of local operations, subsidiaries and local representative offices. 

Employment disputes

  • Advised local businesses on drafting of employment contracts, restraint of trade covenants affecting key employees, action arising from breaches of confidentiality, issues relating to termination of employees and senior management, variations of employment terms and dismissal due to business challenges. 
  • Advised and acted for employees in defending against allegations of breach of employment contract and breach of duties. 

Family disputes and succession

  • AYL v AYM [2013] SGHC 237, AYM v AYL [2012] SGCA 68, AYL v AYM [2012] SGHC 64 - Advised and acted for a wife in resisting the variation of an ancillaries consent order in the Family Court, the High Court and Court of Appeal.
  • Chng Heng Tee (alias Cheng Kim Tee) & another v Estate & Trust Agencies (1927) Ltd (Ho Hong Bee Christina (executrix of the estate of Koh Tek Heng, deceased), intervener) and another matter [2010] 1 SLR 681
  • AMJ v AML [2010] SGDC 404 – Advised and acted for a husband in resisting a claim for substantial maintenance.
  • Advised and acted for parents in custody and access disputes in the Family Court.
  • Advised and acted for wives/mothers in recovering reasonable maintenance self and child, and in applications for personal protection orders.
  • Advised and acted in contested ancillary matter hearings. 

Memberships /Directorships

  • Member, Singapore Academy of Law
  • Member, Law Society of Singapore
  • Member, Chartered Institute of Arbitrators
  • Associate, Association of Certified Fraud Examiners 




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Business Finance & Insolvency Practice

Beng Chye Chua
Danny Ong
Eng Beng Lee SC
Farrah Salam
Kwan Kiat Sim
Lionel Tay
Lynette Koh
Mark Cheng
Nigel Pereira
Patrick Ang
Paul Ng
Poh Ling Low
Raelene Pereira
Rebecca Chew
Ryan Loh
Sheila Ng
Wilma Cheng


   
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