Fortuna injunction
8 cases · May 2024 to April 2026
Case Volume by Year
1 24
5 25
2 26
2024–2026
Key Issues & Sub-Topics
The defendant issued a statutory notice against the plaintiff based an adjudication award under CIPAA — Whether the winding up petition has a good chance to succeed — Whether the adjudicated sum is a bona fide disputable debt as there is an ongoing dispute over such sum — Whether the plaintiff has a bona fide cross-claim against the defendant — Whether it is relevant that the plaintiff suffers irreparable harm due to the presentation of a winding-up petition 1 Respondent issued a statutory notice based on an adjudication award — Previous application for a Quia Timet injunction by the applicant was dismissed — Whether the applicant’s present application for Fortuna injunction is an abuse of process and is barred by res judicata — Whether the respondent’s winding up petition against the applicant has a good chance to succeed — Whether the respondent’s winding up petition against the applicant is premised on a disputed debt. 1 requisite conditions for the issuance of same — whether the intended winding up petition has no chance of success or is premised on a disputed claim — whether presentation of a winding up petition will cause irreparable damage to the company rather than by a more suitable alternative procedure — whether a statutory notice issued pursuant to s.466 of the Companies Act 2016 (“said s.466 Notice”) was based on a bona fide disputed debt — whether the said s.466 Notice is valid since it is premised on a valid and enforceable judgment — definition of commercial insolvency or unable to pay its debts — it is irrelevant whether the intended winding up petition will cause irreparable damage to a company when it is premised on a undisputed valid and enforceable judgment 1 Sections 465(1)(e) & 466(1)(a) Companies Act 2016 — Two cumulative limbs — Bona fide disputed debt on substantial grounds — Letter of Assurance — Contractual interpretation — Express terms preserving primary obligations — No novation or transfer of liability — Conditional secondary obligation — Condition precedent unfulfilled — Notice of Assignment required but not issued — Auditor's confirmation as contemporaneous admission of debt — No prior dispute of invoices — Afterthought allegations — Inconsistent with contemporary documents — Abuse of process — Commercial solvency — Cash flow versus balance sheet solvency. 1 Sections 465(1)(e) & 466(1)(a) Companies Act 2016 — Two cumulative limbs — Bona fide disputed debt on substantial grounds — Letter of Assurance — Contractual interpretation — Express terms preserving primary obligations — Entire agreement clause — No variation without written amendment — Failure to dispute invoices — Non-response to demand letters in commercial context — Afterthought allegations inconsistent with contemporary documents — Abuse of process — Commercial solvency — Cash flow versus balance sheet solvency. 1 Construction Industry Payment and Adjudication Act 2012 (CIPAA) — s.466 of the Companies Act 2016 — Failure to pay contractor — Statutory notice based on enforcement order — Whether it is abuse of court process by issuing fresh statutory notice — Withdrawal of winding up petition and issuing of fresh statutory notice — Whether appeal or commencement of arbitration or counterclaims and set-offs raised in adjudication constitute bona fide dispute of debt — Undisputed debt unless and until enforcement order is set aside or stayed — Res judicata — Irreparable damage irrelevant — No chance of success — Commercially solvent — Statutory threshold amount — Combined costs and the principal sum 1 Sections 13, 15, 16, and 28 of the Construction Industry Payment and Adjudication Act 2012 (CIPAA) — Sections 50 and 51(2) of the Specific Relief Act 1950 — Failure to pay contractor — Statutory notice based on adjudication decision — Bona fide dispute of debt — Whether counterclaims and set-offs raised in adjudication proceedings constitute bona fide dispute of debt — Irreparable damage — No chance of success — Binding and enforceability of adjudication decision — Pending stay or setting aside application of adjudication decision — Commercially solvent — Whether it is contradictory and inconsistent to pursue concurrent remedies of enforcement under CIPAA and winding up proceedings 1
The defendant issued a statutory notice against the plaintiff based an adjudication award under CIPAA — Whether the winding up petition has a good chance to succeed — Whether the adjudicated sum is a bona fide disputable debt as there is an ongoing dispute over such sum — Whether the plaintiff has a bona fide cross-claim against the defendant — Whether it is relevant that the plaintiff suffers irreparable harm due to the presentation of a winding-up petition 1 case
Respondent issued a statutory notice based on an adjudication award — Previous application for a Quia Timet injunction by the applicant was dismissed — Whether the applicant’s present application for Fortuna injunction is an abuse of process and is barred by res judicata — Whether the respondent’s winding up petition against the applicant has a good chance to succeed — Whether the respondent’s winding up petition against the applicant is premised on a disputed debt. 1 case
requisite conditions for the issuance of same — whether the intended winding up petition has no chance of success or is premised on a disputed claim — whether presentation of a winding up petition will cause irreparable damage to the company rather than by a more suitable alternative procedure — whether a statutory notice issued pursuant to s.466 of the Companies Act 2016 (“said s.466 Notice”) was based on a bona fide disputed debt — whether the said s.466 Notice is valid since it is premised on a valid and enforceable judgment — definition of commercial insolvency or unable to pay its debts — it is irrelevant whether the intended winding up petition will cause irreparable damage to a company when it is premised on a undisputed valid and enforceable judgment 1 case
Sections 465(1)(e) & 466(1)(a) Companies Act 2016 — Two cumulative limbs — Bona fide disputed debt on substantial grounds — Letter of Assurance — Contractual interpretation — Express terms preserving primary obligations — No novation or transfer of liability — Conditional secondary obligation — Condition precedent unfulfilled — Notice of Assignment required but not issued — Auditor's confirmation as contemporaneous admission of debt — No prior dispute of invoices — Afterthought allegations — Inconsistent with contemporary documents — Abuse of process — Commercial solvency — Cash flow versus balance sheet solvency. 1 case
Sections 465(1)(e) & 466(1)(a) Companies Act 2016 — Two cumulative limbs — Bona fide disputed debt on substantial grounds — Letter of Assurance — Contractual interpretation — Express terms preserving primary obligations — Entire agreement clause — No variation without written amendment — Failure to dispute invoices — Non-response to demand letters in commercial context — Afterthought allegations inconsistent with contemporary documents — Abuse of process — Commercial solvency — Cash flow versus balance sheet solvency. 1 case
Construction Industry Payment and Adjudication Act 2012 (CIPAA) — s.466 of the Companies Act 2016 — Failure to pay contractor — Statutory notice based on enforcement order — Whether it is abuse of court process by issuing fresh statutory notice — Withdrawal of winding up petition and issuing of fresh statutory notice — Whether appeal or commencement of arbitration or counterclaims and set-offs raised in adjudication constitute bona fide dispute of debt — Undisputed debt unless and until enforcement order is set aside or stayed — Res judicata — Irreparable damage irrelevant — No chance of success — Commercially solvent — Statutory threshold amount — Combined costs and the principal sum 1 case
Sections 13, 15, 16, and 28 of the Construction Industry Payment and Adjudication Act 2012 (CIPAA) — Sections 50 and 51(2) of the Specific Relief Act 1950 — Failure to pay contractor — Statutory notice based on adjudication decision — Bona fide dispute of debt — Whether counterclaims and set-offs raised in adjudication proceedings constitute bona fide dispute of debt — Irreparable damage — No chance of success — Binding and enforceability of adjudication decision — Pending stay or setting aside application of adjudication decision — Commercially solvent — Whether it is contradictory and inconsistent to pursue concurrent remedies of enforcement under CIPAA and winding up proceedings 1 case
Key Statutes
Companies Act 2016 (Cap 777)
cited in 6 cases Specific Relief Act 1950 (Cap 137)
cited in 2 cases Arbitration Act
cited in 1 case BVI Insolvency Act
cited in 1 case Interpretation Act
cited in 1 case English Arbitration Act 1996
cited in 1 case English Insolvency Act 1986
cited in 1 case Arbitration Act 2005 (Cap 646)
cited in 1 case Court Distribution
Key People & Firms
Top Judges
Top Firms
Top Lawyers
Choon Hon Leng 2 Foo Joon Liang 2 Cheryl Leong See Teng 2 Carissa How Chen Huey 2 Khor Yongshi 2 Lee Chia Yee 2 Eugene Jayaraj Williams A/L Chellathurai 1 Alani Farhah binti Mohd Farouk 1 Chuah Jo-Shua 1 Surein Wei 1 Wong Yan Zhang 1 Cherian Kuruvila 1 Mahmud Bin Abdul Jumaat 1 Ahmad Sobir Bin Ahmad Zakir 1 Chiew Zhe Sheng 1
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