The liquidators, represented by Senior Counsel Lok Vi Ming, also alleged that Goh failed to inquire about and investigate a large amount of receivables – US$132 million – allegedly owed to IPP by Mercuria Energy Trading.
Had Goh done so, he would have learnt that the invoices IPP issued to Mercuria from September 2017 to February/March 2018 were for bogus transactions, and he would have prevented IPP from drawing down on the trade financing with SocGen and Maybank in June 2019 and July 2019.
“However, even when shown that there was a significant amount due from a single trade debtor, Dr Goh did not even so much as check how much of these receivables were overdue’,” Justice Abdullah noted.
In addition, the judge accepted IPP’s submission that the audit confirmation request – which showed that US$132 million in receivables was due from Mercuria to IPP as of Dec 31, 2017 – was a red flag that should have triggered Goh to investigate IPP’s receivables position.
“If Dr Goh signed the audit confirmation request without properly satisfying himself as to its contents, he did so at his own peril, and he had to now pay the price for it,” the judge said.
The judge also rejected Goh’s argument that IPP’s business and financing mechanism was structured in such a manner that it was unnecessary for him to inquire into IPP’s financials.
“A director’s duty to make inquiries... is intended to ensure that the director is sufficiently on top of the company’s affairs to prevent the company from entering into a crisis in the first place,” Justice Abdullah said.
Goh disputed IPP’s claim that he had been an executive director of IPP at the time when the June-July 2019 drawdowns were made. He alleged he had intentionally transitioned to the role of a non-executive director from July 2015, until his resignation from IPP’s board in August 2019.
But the judge found that Goh continued to be actively involved in IPP’s management even after his supposed intention to transition out of executive functions in July 2015.
In September 2023, Goh and three other men were handed a total of 132 charges related to false trading offences in the State Courts. Goh himself faced 39 charges under the Securities and Futures Act over allegations including manipulating the share price of New Silkroutes over various periods in 2018.