Lee Eng Beng.jpg

Lee Eng Beng, SC

Managing Partner

Practice Area:

Restructuring & Insolvency
Appeals & Issues

LLB (First Class Hons), National University of Singapore
BCL (First Class Hons) Oxford University
Senior Counsel, Supreme Court of Singapore
Advocate & Solicitor, Supreme Court of Singapore

T +65 6232 0402
E [email protected]

Lee Eng Beng joined Rajah & Tann as a partner in 1998.  From 2003 to 2009, he was the Head of the firm’s Business Finance and Insolvency Practice Group.  He was appointed Senior Counsel in 2008 and assumed the position of Deputy Managing Partner of Rajah & Tann LLP in 2009. In October 2010, he was appointed as the Managing Partner of the firm.

Eng Beng was formerly a Justices’ Law Clerk in the Supreme Court of Singapore and a Lecturer and Senior Adjunct Fellow in the National University of Singapore, teaching various subjects including insolvency law, securities regulation and company law.

He has been recognised as a Band 1 leading commercial litigation and restructuring/insolvency lawyer in Chambers Asia Pacific (2018) and is described as “very able and intelligent, really outstanding...one of the best-known insolvency lawyers in Singapore.” He is also ranked by The Legal 500 Asia Pacific (2018) as a leading lawyer and is described as having “a sharp legal mind”.

Eng Beng was awarded the Public Service Medal (Pingat Bakti Masyarakat) conferred by the President of Singapore in recognition of his contributions to MinLaw’s insolvency law reforms in 2014.

Experience

He has an active practice in commercial litigation and arbitration, with emphasis on banking and financing disputes, debt enforcement and insolvency litigation, shareholders’ and joint venture disputes and general commercial disputes.  He has also handled a wide range of insolvency and banking advisory work, and the debt restructuring of large businesses and public listed companies.  He has published widely in the field of insolvency law and commercial law generally and his articles are often judicially cited in the Singapore courts.

Singapore High Court

A selection of cases:

  • Pacific Andes Resources Development Ltd [2016] SGHC 210. (schemes of arrangement, cross-border insolvency)
  • Park Regis Hospitality Management Sdn Bhd v British Malayan Trustees Ltd and others [2014] 1 SLR 1175. (inducement of breach of contract)
  • EC Investment Holding Pte Ltd v Ridout Residence Pte Ltd and Anor (Orion Oil Ltd and others, interveners) [2013] SGHC 139. (interveners)
  • Morgan Stanley Asia (Singapore) Pte (formerly known as Morgan Stanley Dean Witter Asia (Singapore) Pte) and others v Hong Leong Finance Ltd [2013] SGHC 83. (anti-suit injunction)
  • Oversea-Chinese Banking Corp Ltd v Asia Pacific Links Ltd and another (Abdul Rahman bin Maarip, third party) [2011] 1 SLR 906. Affirmed on appeal. (take-overs, fraud, financial advisers)
  • Hong Alvin v Chia Quee Khee [2011] SGHC 249. (estate)
  • Tan Chin Hoon v Tan Choo Suan [2010] SGHC 340. (minority oppression)
  • Altus Technologies Pte Ltd (under judicial management) v Oversea-Chinese Banking Corp Ltd [2009] 4 SLR(R) 296. (judicial management, restitution)
  • DBS Bank Ltd v Carrier Singapore (Pte) Ltd [2008] 3 SLR(R) 261. (fraud and letters of credit)
  • S & E Tech Pte Ltd v Western Electric Pacific Ltd and Another [2006] 2 SLR(R) 7. (civil procedure)
  • John While Springs (S) Pte Ltd and Another v Goh Sai Chuah Justin and Others [2004] 3 SLR(R) 596. (assessment of damages)
  • Oversea-Chinese Banking Corporation Ltd v Measurex Corporation Bhd [2002] 2 SLR(R) 684. (judicial management)
  • Re John While Springs (S) Pte Ltd; Re Segno Precision Pte Ltd [2001] 1 SLR(R) 484. (fiduciary duties)
  • Oversea-Chinese Banking Corporation Ltd v Chng Sock Lee [2001] 3 SLR (R) 369. (undue influence)
Singapore Court of Appeal

A selection of cases:

  • The Royal Bank of Scotland (formerly known as ABN Amro Bank BV) and others v TT International (nTan Corporate Advisory Pte Ltd and others, other parties) [2015] 5 SLR 1104 (schemes of arrangement, financial advisers, courts and jurisdiction)
  • Re Beloff Michael Jacob QC [2014] 3 SLR 424
  • W Y Steel Construction Pte Ltd v Osko Pte Ltd [2013] 3 SLR 380 (construction)
  • Cheo Sharon Andriesz v Official Assignee of the estate of Andriesz Paul Matthew, a bankrupt [2013] 2 SLR 297. (bankruptcy)
  • OCBC Capital Investment Asia Ltd v Wong Hua Choon [2012] 4 SLR 1206. (contract)
  • Loh Sioh Hon (administratrix of the estate of Chiam Heok Yong, deceased) v Loh Siok Moey 
    [2012] SGCA 14. (estate)
  • Tan Juay Pah v Kimly Construction Pte Ltd and others [2012] 2 SLR 549. (duty of care in tort)
  • The Royal Bank of Scotland NV (formerly known as ABN Amro Bank NV) and others v TT International Ltd and another appeal [2012] 2 SLR 213. (schemes of arrangement)
  • The Royal Bank of Scotland NV (formerly known as ABN Amro Bank NV) and others v TT International Ltd and another appeal [2012] 4 SLR 1182. (schemes of arrangement, financial advisers)
  • E C Investment Holding Pte Ltd v Ridout Residence Pte Ltd and others and another appeal [2012] 1 SLR 32. (contract for sale and purchase of land)
  • Liquidators of Progen Engineering Pte Ltd v Progen Holdings Ltd [2010] 4 SLR 1089. (avoidance of transactions, directors’ duties)
  • Chee Kheong Mah Chaly and others v Liquidators of Baring Futures (Singapore) Pte Ltd [2003] 2 SLR(R) 571. (insolvency, contract)
  • Hitachi Plant Engineering & Construction Co Ltd and Another v Eltraco International Pte Ltd and Another [2003] 4 SLR(R) 384. (schemes of arrangement, pari passu principle)
  • Show Theatres Pte Ltd (in liquidation) v Shaw Theatres Pte Ltd and Another [2002] 2 SLR(R) 1143. (avoidance of transactions)
  • Hinckley Singapore Trading Pte Ltd v Sogo Department Stores (S) Pte Ltd (under judicial management) [2001] 3 SLR(R) 119. (judicial management)
Award / Memberships / Directorships
  • Award, The Public Service Medal (Pingat Bakti Masyarakat) conferred by the President of Singapore (2014)
  • Fellow, Insolvency Practitioners Association of Singapore (October 2005 – Present)
  • Director, Ascendas-Singbridge Pte Ltd (10 June 2015 – Present)
  • Director, Singapore LNG Corporation Pte. Ltd. (15 May 2015 – Present)
  • Board Member, Energy Market Authority (11 March 2009 – Present)
  • Chief Examiner, Commercial Practice component, Foreign Practitioner Examination of Singapore Institute of Legal Education (6 May 2011 – Present)
  • Member, Committee To Strengthen Singapore As A Restructuring Hub (8 May 2015 – Present)
  • Honorary Member, Singapore Law Review Board of Advisors (May 2014 – Present)
  • Honorary Overseas Member, English Commercial Bar Association (COMBAR) (4 April 2014 – Present)
  • Overseas Member, Chancery Bar Association of England and Wales (June 2013 – Present)
  • Member, Commercial Law Framework Advisory Panel formed by Singapore Academy of Law (6 July 2013 – Present)
  • Member, School of Law Advisory Board, Singapore Management University (SMU) (March 2011 – Present)
  • Member, Criminal Law Advisory Committee (Hearing) (1 March 2010 – 28 February 2018 )
  • Member, Asian Business Law Institute (2018 – Present) Member, Insolvency Committee of the Law Society of Singapore (20 January 2005 – Present)
  • Member, Professional Conduct Council constituted under section 71(1) of the Legal Profession Act, Chapter 161 (18 November 2015 – 17 November 2017)
  • Member, Securities Industry Council (1 Aug 2012 – January 2016)
  • Director, Ascendas Pte Ltd (1 September 2009 – June 2015)
  • Member of the Rules Committee (1 October 2010 – 25 January 2014)
  • Board Member, Info-Communications Development Authority (1 December 2011 – 30 November 2013)
  • Chairman, Insolvency Law Review Committee (9 Dec 2010 – 7 October 2013)
  • Member, Senate of the Singapore Academy of Law (7 January 2012 – 6 January 2013)
  • Member, Board of Legal Education (July 2008 – May 2011)
  • Member, Singapore Academy of Law Specialist Accreditation Board (1 April 2017 – 1 April 2010)
  • Member, Committee To Develop The Singapore Legal Services Sector (July 2006 – Dec 2007)
Publications
  • Co-author, “Law And Practice Of Commercial Litigation In Singapore”, published by Sweet and Maxwell Asia (2015)
  • Contributor, Singapore Academy of Law Annual Review on Insolvency Law, 12 SAL Ann Rev 319 (2011)
  • Contributor, Singapore Academy of Law Annual Review on Insolvency Law, 11 SAL Ann Rev 387 (2010)
  • Contributor, Singapore Academy of Law Annual Review on Insolvency Law , 10 SAL Ann Rev 340 (2009)
  • “The Downward Spiral”, Inter Se, published by Singapore Academy of Law (July - Dec 2009 issue)
  • Contributor, Singapore Academy of Law Annual Review on Insolvency Law , 9 SAL Ann Rev 330 (2008)
  • Contributor, Singapore Academy of Law Annual Review on Insolvency Law, 8 SAL Ann Rev 251 (2007)
  • Contributor, Singapore Academy of Law Annual Review on Insolvency Law, 7 SAL Ann Rev 273 (2006)
  • Co-author, chapter on “Insolvency & Restructuring”, Insolvency & Restructuring in Singapore (2000-2006)
  • Co-author, “Ring-fencing of an Insolvent Foreign Company's Assets – A Dichotomy in Approaches in the Singapore Context”, INSOL World – Fourth Quarter, published by INSOL International (2006)
  • Contributor, “Singapore Court Practice”, published by Lexis Nexis (2006)
  • Contributor, Singapore Academy of Law Annual Review on Insolvency Law, 6 SAL Ann Rev 279 (2005)
  • “Surviving Spectrum Plus: Fixing Charges Over Debts”, 17 SAcLJ 932 (2005)
  • Contributor, “Singapore Court Practice”, published by Lexis Nexis (2005)
  • Contributor, “Singapore Court Practice”, published by Lexis Nexis (2004)
  • Contributor, Singapore Academy of Law Annual Review on Insolvency Law, SAL Ann Rev 302 (2004)
  • “Recent Developments on Insolvency Laws and Business Rehabilitations – National & Cross-border Issues”, The 8th Asean Law Association General Assembly (2003)
  • Contributor, Singapore Academy of Law Annual Review on Insolvency Law, SAL Ann Rev 263, (2003)
  • Contributor, “Singapore Court Practice”, published by Lexis Nexis (2003)
  • “Duties and liabilities of directors of insolvent companies”, Asian Legal Business (June 2003)
  • Contributor, Singapore Academy of Law Annual Review on Insolvency Law, SAL Ann Rev 243 (2002)
  • Contributor, Singapore Academy of Law Annual Review on Insolvency Law, SAL Ann Rev 239 (2001)
  • Author, “Invisible and Springing Security Interests in Corporate Insolvency Law”, Singapore Academy of Law Journal, 12 SAcLJ 210(2000)
  • Contributor, Singapore Academy of Law Annual Review on Insolvency Law , SAL Ann Rev 201 (2000)
  • “Review of the Law Relating to Corporate and Personal Insolvency”, Developments in Singapore Law, 165-229 (between 1996 and 2000)
  • Author, “Issues in Debt Restructuring”, Singapore Law Gazette (March 1999)
  • “Winding Up Petitions Founded on a Bona Fide Disputed Debt”, 10 SAcLJ 180 (1998)
  • “Unsecured Creditor Versus Unregistered Charge”, 10 SAcLJ 241(1998)
  • Co-Editor, “Current Legal Issues in International Commercial Litigation” (1997)
  • “Claims for Interest in Bankruptcy and Winding Up”, 9 SAcLJ 51 (1997)
  • “Excessive Statutory Demands in Winding Up and Bankruptcy”, SJLS 532 (1997)
  • “Receivership, Liquidation and Torrens Land”, 9 SAcLJ 416 (1997)
  • “The Illogicality and Obscurity of the Economic Torts” 9 SAcLJ 427 (1997)
  • “Not Quite Unclogged”, SJLS 597 (1997)
  • “Barings in Singapore: Application For Access To Documents By A Foreign Investigative Body” , 2 RALQ 187, (1995-1996)
  • “Security Deposit Arrangements In Insolvency”, 8 SAcLJ 458 (1996)
  • “A Perspective On The Economic Torts”, SJLS 482 (1996)
  • “Personal Liability of Judicial Manager And Receivers Under The Companies Act” 8 SAcLJ 249, (1996)
  • “Trust Funds, Ascertainability of Beneficial Interest and Insolvency Set-Off” 8 SAcLJ 489, (1996)
  • “Discharge Under The New Bankruptcy Regime” SJLS 600 (1996)
  • “The Avoidance Provisions Of The Bankruptcy Act 1995 And Their Application to Companies” SJLS 597 (1995)
  • “Vindication of the Three Proximities”, SJLS 528 (1993)