TERRAFORM LABS PTE LTD [2025] SGHC(I) 18 (11 July 2025)

TERRAFORM LABS PTE LTD [2025] SGHC(I) 18 (11 July 2025)

The non-parties knowingly breached the Plan Recognition Order by pursuing SUM 19 to join OA 3 against TFL, despite explicit injunction and warnings. TFL incurred reasonable and proportionate costs in enforcing the order. The conduct of the non-parties was wilful, wasteful, and unjustified, warranting a full costs award to restore TFL for expenses sensibly incurred.

Citation
[2025] SGHC(I) 18
Parties
Applicant: Terraform Labs Pte Ltd; Non Parties: Adam Dulberger and others (see list)
Jurisdiction
Singapore
Judgment Date
11 July 2025
Procedural Posture
Originating Application (oa) and Summons (sum) / Costs Determination After Striking Out Joinder Application
Outcome
Costs awarded in full to applicant; non-parties' joinder application struck out as against TFL.
Legal Topics
Cross Border Insolvency, Recognition of Foreign Restructuring, Costs, Joinder of Parties, Enforcement of Moratorium
Insolvency Civil Procedure Cross Border Insolvency Recognition of Foreign Restructuring Costs Joinder of Parties Enforcement of Moratorium

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Parties

Terraform Labs Pte Ltd

Applicant

Adam Dulberger and others (see list)

Non Parties

Procedural Posture

Originating Application (oa) and Summons (sum) / Costs Determination After Striking Out Joinder Application

Legal Issues

  1. 1 Whether non-parties' application to join OA 3 breached the Plan Recognition Order (ORC 13)
  2. 2 Entitlement and quantum of costs for enforcing the moratorium under the SG Model Law

Ratio Decidendi

The non-parties knowingly breached the Plan Recognition Order by pursuing SUM 19 to join OA 3 against TFL, despite explicit injunction and warnings. TFL incurred reasonable and proportionate costs in enforcing the order. The conduct of the non-parties was wilful, wasteful, and unjustified, warranting a full costs award to restore TFL for expenses sensibly incurred.

Court Disposition

Costs awarded in full to applicant; non-parties' joinder application struck out as against TFL.

Orders

  • SUM 19 struck out and dismissed as against TFL.
  • No party may participate in OA 3 against TFL without leave from court.