[2013] SGCA 11

Ang Thiam Swee v. Low Hian Chor

Ang Thiam Swee gave a leading account of the leave threshold under s 216A of the Companies Act, stressing that motive alone is not decisive; the key question is whether the proposed derivative action genuinely serves the company's interests, with good faith and corporate benefit assessed together.

Holding

Ang Thiam Swee gave a leading account of the leave threshold under s 216A of the Companies Act, stressing that motive alone is not decisive; the key question is whether the proposed derivative action genuinely serves the company's interests, with good faith and corporate benefit assessed together.

Issues

leave for statutory derivative actionsgood-faith requirementassessment of the company's interests