Charles Lim

Banking / International Trade Finance

Charles acts for and advises several banks and private capital funds in respect of their claims arising out of non-performing loans, including enforcement of security, and claims against trade credit insurance policies, non-payment insurance policies and political risk insurance policies. Notable matters include:

• Acted for a major local bank in its successful claim against a prominent credit insurance company in arbitration proceedings commenced under the auspices of SIAC, in respect of claims valued at approximately US$34 million due under a trade credit insurance policy taken out on a receivables purchase facility issued to the bank’s customer;
• Acted for The Challenger Trade Finance Segregated Portfolio of the South Africa Alpha SPC, the Claimant, in claims before the Singapore High Court against a credit insurer for non-payment of credit insurance claims amounting to US$4 million; and
• Acted for CIMB Bank Berhad, Singapore Branch in ongoing Singapore High Court proceedings relating to the enforcement of security arising from facilities granted to the collapsed commodities trader, Hin Leong Trading Pte Ltd.

Employment

Charles acts for and advises both employers and employees on employment law related disputes, non-competition / non-solicitation obligations, dismissals, retrenchment exercises and review of employment policies. Notable matters include

• Acted for the Defendant ex-employee in defending claims of breach of confidentiality and breach of non-compete and non-solicit obligations by AbbVie Operations Singapore Pte Ltd in Singapore High Court proceedings; and
• Acted and advised an offshore firm of ship brokers and their employees on their non-compete and confidentiality obligations vis-à-vis the employees’ former employer, including resisting an application for pre-action production issued by the counterparty in the Singapore High Court.

Real Estate / Tenancy

Charles advises and acts for both landlords and tenants in contentious tenancy related disputes, and has also acted for and advised clients on disputes over beneficial ownership. Notable matters include:

• Acted for HSBC Institutional Trust Services (Singapore) Limited (in its capacity as trustee of Sabana Industrial Real Estate Investment Trust) in its successful claim against Kleio-One Solution Pte Ltd for breach of its tenancy agreement, including its successful application to summarily determine and dismiss the Defendant’s counterclaim;
• Acted for Dash Living Pte Ltd in its successful application to enforce the right of renewal clause in the tenancy agreement after the landlord refused to honour the agreed 10% cap on the increase in rental for the renewed term. The decision is reported in Hoon Kee Meng and another v Dash Living Pte Ltd and another matter [2024] SGHC 27; and
• Acted for the Defendant in his successful claim for recovery of mortgage repayments in a dispute over beneficial ownership of a commercial property. The decision of the High Court (Appellate Division) is reported in Khoo Jee Chek v Lim Beng Tiong [2024] 1 SLR 829.

Construction

Charles acts for clients in adjudication proceedings under the Building and Construction Industry (Security of Payments) Act, arbitration proceedings and has represented clients in their applications to the High Court for injunctions restraining wrongful calls on performance bonds. Notable matters include:

• Acted for a sub-contractor in its successful arbitration claim against the main contractor for unpaid monies under a construction contract in ad-hoc arbitration proceedings, in respect of a well-known playground project commissioned by NParks; and
• Acted for a main contractor in its attempt to restrain a call on a performance bond by the employer, where the call on the performance bond was based on an erroneous calculation by the architect. The decision of the Singapore High Court is reported in Shanghai Chong Kee Furniture & Construction Pte Ltd v Church of St Teresa [2024] SGHC 5.

Restructuring & Insolvency

Charles advises clients on insolvency related matters, including acting for creditors in winding up applications, voluntary liquidations / schemes of arrangement and rights of secured creditors. Charles also advises liquidators on potential actions to unwind unfair preferences, transactions at an undervalue and potential breaches of directors’ duties. Notable matters include:

• Acted for a creditor in its successful application to convert the debtor’s voluntary winding up proceedings to court-ordered winding up proceedings, in order to remove a liquidator which appeared to be preferring the interests of the debtor company’s directors over genuine creditors.
• Advised DBS Bank Ltd in the insolvencies of Swiber Holdings Limited and Hyflux Ltd; and
• Advised IL&FS Transportation Networks Ltd (“ITNL”) and acted for its Singapore subsidiaries in various insolvency proceedings connected with the restructuring of ITNL in India.