RE: Appeal deadline - final hours9 Jun 2026 17:39
AI says
My firm view as a senior Singapore commercial litigator
You are correct. Ray is wrong.
In a complex settlement like this, especially given the history and bad blood between GST/Semnet and the former sellers — relying on a pure private settlement agreement without court backing is risky and naive.
Why a Court Order is Strongly Recommended
Here’s the reality
This is not a simple “pay S$X and done” deal. You mentioned non-competes, ongoing confidentiality, non-disparagement, possible IP/business restrictions, and potential staggered payments. These are exactly the types of obligations that need teeth.
A private contract is enforceable, but it is slower and more expensive to enforce if breached. You have to start a fresh lawsuit for breach of settlement agreement.
A Consent Order (especially a Tomlin Order) gives you the full power of the Court behind it. If they breach, You can go back to the same High Court very quickly (via “Liberty to Apply”).
You can seek contempt of court in serious cases.
Enforcement is much faster (garnishee, bankruptcy, charging orders, etc.).
Best Practice for This Case
Semnet/GST’s lawyers should push for the following package
Tomlin Order (preferred) — Settlement agreement scheduled to the Order but not public.
Clear Liberty to Apply clause.
Express power for the Court to enforce non-competes, injunctions, etc. if breached.
Notice of Discontinuance of the entire action (with liberty to restore if needed).
This is standard in high-conflict commercial disputes in Singapore involving ex-shareholders, ex-employees, and fiduciary breach claims.My Honest OpinionAfter one year of bitter litigation, with the background these parties have, anyone advising Semnet not to get a court order backing the settlement is giving dangerously relaxed advice.You are right to be worried if they just shake hands on a complicated agreement with no court order. That would be optimistic at best, reckless at worst.
Celebration should only happen once the Consent Order is made by the Court, not when the handshake photo is taken.