Lee Eng Beng.jpg

Lee Eng Beng, SC

Senior Partner, Rajah & Tann Singapore LLP

Practice Area:

Restructuring & Insolvency
Commercial Litigation
International Arbitration

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 eng.beng.lee@rajahtann.com

Lee Eng Beng, SC is a Senior Partner of Rajah & Tann Singapore and the Chairperson of Rajah & Tann Asia, one of the largest legal networks in Southeast Asia.

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 (now known as the Restructuring & Insolvency Practice). He was appointed Senior Counsel in 2008 and assumed the position of Deputy Managing Partner in 2009, and Managing Partner from 2010 to 2019.

He has been recognised as a Band 1 leading commercial litigation and restructuring and insolvency lawyer in Chambers Asia Pacific (2019) and is described as “brilliant in clarity of thought, communicating position and breaking down of the opponent's case.” He is also ranked by The Legal 500 Asia Pacific (2019) as a leading lawyer and is described as “a leader in insolvency cases”.

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.

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 appeared as appellate counsel in many landmark cases.  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.

Notable Cases & Transactions

Singapore High Court

  • BAZ v BBA [2018] SGHC 275 (international arbitration)
  • International Healthway Corp Ltd v The Enterprise Fund III Ltd [2018] SGHC 246 (companies, maintenance of capital)
  • Winsta Holding Pte Ltd v Sim Poh Ping [2018] SGHC 239 (companies, breach of fiduciary duties)
  • Pacific Andes Resources Development Ltd [2018] 5 SLR 125 (schemes of arrangement, cross-border insolvency)
  • Neptune Capital Group Ltd v Sunmax Global Capital Fund 1 Pte Ltd [2016] 4 SLR 1177 (damages, injunctions)
  • Park Regis Hospitality Management Sdn Bhd v British Malayan Trustees Ltd and others [2014] 1 SLR 1175. (inducement of breach of contract)
  • 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

  • Geok Hong Co Pte Ltd v Koh Ai Gek [2019] SGCA 15 (constructive trust)
  • 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 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 (2005 – Present)
  • Member, Singapore Academy of Law Specialist Accreditation Board (2017 – Present)
  • Director, Ascendas-Singbridge Pte Ltd (2015 – Present)
  • Director, Singapore LNG Corporation Pte. Ltd. (2015 – Present)
  • Board Member, Energy Market Authority (2009 – 2015)
  • Chief Examiner, Commercial Practice component, Foreign Practitioner Examination of Singapore Institute of Legal Education (2011 – Present)
  • Member, Committee To Strengthen Singapore As A Restructuring Hub (2015)
  • Honorary Member, Singapore Law Review Board of Advisors (2014 – Present)
  • Member, School of Law Advisory Board, Singapore Management University (SMU) (2011 – 2015)
  • Member, Criminal Law Advisory Committee (Hearing) (2010 – 2018)
  • Member, Asian Business Law Institute (2018 – Present)
  • Member, Insolvency Committee of the Law Society of Singapore (2005 – Present)
  • Member, Professional Conduct Council constituted under section 71(1) of the Legal Profession Act, Chapter 161 (2015 – Present)
  • Member, Securities Industry Council (2012 –2016)
  • Director, Ascendas Pte Ltd (2009 – 2015)
  • Member of the Rules Committee (2010 –2014)
  • Board Member, Info-Communications Development Authority (2011 – 2013)
  • Chairman, Insolvency Law Review Committee (2010 – 2013)
  • Member, Senate of the Singapore Academy of Law (2012 – 2013)
  • Member, Board of Legal Education (2008 –2011)
  • Member, Committee To Develop The Singapore Legal Services Sector (2006 –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)