Singapore Legal Update - March 2019
10 April 2019
Secondment of In-House Legal Counsel and Legal Advice Privilege
In Asplenium Land v Lam Chye Shing (2019), the Singapore High Court had to consider whether emails to and from a person acting as a company’s legal counsel were protected by legal advice privilege where that person had been seconded to the company by a company that was not its parent company. It also discussed the factors required to show that an employment contract had arisen. The case illustrates the need to put in place proper documentation to ensure the preservation of privilege.
Court Holds that Singapore-Incorporated Company Has Its Centre of Main Interest in the United States
In Re Zetta Jet Pte Ltd (2019), the Singapore High Court held that the Centre of Main Interest (COMI) of a Singapore-incorporated company was the US. It noted that a company’s jurisdiction of incorporation could be displaced as the presumed COMI jurisdiction on evidence to the contrary. Companies could change their COMI to take advantage of restructuring procedures in other jurisdictions so long as their reasons for doing so were legitimate. This update considers the implications for banks.