[2012] SGCA 60

“acts ought to result in an award of costs came squarely before this court, or at least was an issue that this court thought might merit a decision. In Phang Wah v Public Prosecutor and another matter [2012] SGCA 60, this court had previously cautioned that “potential applicants would … do well to avoid attempting such”

“l liability may be imposed on individuals for fraudulent trading whether or not the company has been, or is in the course of being, wound up (see also Phang Wah v Public Prosecutor and another matter [2012] SGCA 60 at [19]).”

“e CA not to be circumscribed by the Prerequisites in s 340(1) of the CA. My view is fortified by the Court of Appeal’s observations, albeit obiter, in Phang Wah v Public Prosecutor and another matter [2012] SGCA 60 (“Phang Wah (CA)”) at [19], where it was held that the effect of s 340(5) of the CA was to “create separa”

“In contrast, in the decision of this court in Phang Wah v Public Prosecutor and another matter [2012] SGCA 60 (“Phang Wah”), the court was confronted with a question as to whether the sustainability of a company was to be taken as a factor in deciding whether there was fraud from the initial stages of the co”