Wishing Star Ltd v Jurong Town Corp

[2] In regard to the first issue, Mr Kronenburg’s argument was simply that a company that has a registered branch in Singapore cannot be described as one that is ordinarily resident outside its jurisdiction. Mr Kronenburg submitted that once a branch is registered in the jurisdiction, one need not look further to enquire where the seat of governance is. The branch, in other words, establishes the residency of the company. He further argued that not only did the plaintiffs register a branch in Singapore, it was carrying on business in Singapore, unlike the plaintiffs in Re Little Olympian Each Ways [1994] 4 All ER 561. Mr Ho, counsel for the defendants, argued that whether a company is ‘ordinarily resident’ is determined by where the ‘central management and control’ of the company is located.

[8] On the whole, I was not convinced that an order for security ought to be made, and therefore dismissed the defendants' appeal. The grounds herein do not include material and evidence adduced at the trial presently proceeding before me.