Suresh Nair

Suresh is the Managing Director of Nair & Co LLC and his main areas ofpractice are corporate and commercial litigation, international arbitration, restructuring and insolvency, banking, and employment-related disputes. Prior to setting up the firm in 2017, Suresh was a partner at Allen & Gledhill before heading the litigation team at Straits Law Practice.

• Empire Capital Resources Pte Ltd [2018] SGHC 36 – the High Court considered whether a guarantor of certain Notes could seek to restructure its liabilities thereunder and to seek, as part of the scheme, third party releases for the Note Issuers. This is a landmark decision because the Court considered at length its power to grant third party release in schemes of arrangement. The Court held that it had such power to allow a scheme meeting to be convened for such a scheme, and exercised that power to do so. This matter is valued at US$950million.
  
  
• Goldilocks Investment Co Ltd v Noble Group Ltd [2018] SGHC 108– a landmark decision of the High Court granting an interim injunction restraining Noble, a company listed on SGX, from holding its Annual General Meeting. The case considered the status of shareholders of companies incorporated overseas but listed on SGX, who hold their shares through the Central Depository. The Court held that in such cases, the Securities and Futures Act applies, and the law of the place of the company’s incorporation is disapplied because the Securities and Futures Act is a forum mandatory statute.
  
  
• First Asia Capital Investments Ltd v Societe Generale Bank & Trust [2017] SGHC 78 – successfully defended the bank in a claim for over US$15 million in losses arising out of complex accumulator contracts. Claims were made for breaches of contract, negligence, fiduciary duties and collateral contracts, among other causes of action.
  
  
• Living the Link Pte Ltd (in creditors’ voluntary liquidation) and others v Tan Lay Tin Tina and others [2016]3 SLR 621– successfully acted for liquidators in a clawback claim for unfair preference transactions in a landmark decision on among other things directors’ personal liability in such transactions and adjustments to be made when clawbacks are to be made in respect of genuine transactions.
  
  
• Orient Centre Investments Ltd and Another v Societe Generale [2007] 3 SLR 566 – a landmark decision on non-reliance clauses in banking documentation. Successfully struck out a claim against the bank before the Court of Appeal on the strength of non-reliance clauses.

• Civil litigation
• Insolvency
• International arbitration
• Labour and employment
• Banking

• Accounting
• Banking
• Financial services
• Tech and telecoms
• Commercial & Professional Services

Solicitor of the Supreme Court of England and Wales 2005