Re IDEAGLOBAL.COM Ltd

Re IDEAGLOBAL.COM Ltd

Section 391 of the Companies Act does not apply to criminal proceedings; the word 'claim' and the statutory context limit s 391 to civil claims and the court therefore has no jurisdiction under s 391 to grant pre-prosecution relief from criminal prosecution under s 163(7); application dismissed.

Citation
[2000] SGHC 65
Parties
Applicant: IDEAGLOBAL.COM Ltd
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
22 April 2000
Case Number
OS 289/2000
Procedural Posture
Application for Relief Under S 391 Companies Act (originating Summons OS 289/2000) / Application (pre Prosecution)
Outcome
application dismissed
Legal Topics
Section 391 Relief, Section 163 Loans to Related Company, Pre Prosecution Relief, Prosecutorial Discretion, Statutory Interpretation
Source Language
English
Companies Law Criminal Law Constitutional Law Tax Law Section 391 Relief Section 163 Loans to Related Company Pre Prosecution Relief Prosecutorial Discretion +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

IDEAGLOBAL.COM Ltd

Applicant

Procedural Posture

Application for Relief Under S 391 Companies Act (originating Summons OS 289/2000) / Application (pre Prosecution)

Legal Issues

  1. 1 Whether s 391 of the Companies Act permits the court to grant relief from criminal prosecution
  2. 2 Whether the court has jurisdiction to grant pre-prosecution relief under s 391(2) in respect of offences under s 163(7)
  3. 3 Whether directors who authorised the loan are liable to prosecution under s 163(7)

Ratio Decidendi

Section 391 of the Companies Act does not apply to criminal proceedings; the word 'claim' and the statutory context limit s 391 to civil claims and the court therefore has no jurisdiction under s 391 to grant pre-prosecution relief from criminal prosecution under s 163(7); application dismissed.

Court Disposition

application dismissed

Orders

  • Application dismissed