Ex-Employee or Former Director Will Not Return Company Property: Conversion, Detinue and Delivery-Up Orders in Singapore

Short answer: Start with a written demand that lists each item and gives a firm return date. If the former employee or director still refuses, the company can sue in the torts of detinue and conversion for return of the property (delivery up) or its value, plus damages. Do not simply deduct the value from final salary.

A departing sales manager keeps the company laptop and phone. An ousted director keeps the company car, the office keys or stock in a warehouse he controls. This guide explains how to recover company property in Singapore from a former employee or former director: first steps, salary deduction limits, conversion and detinue, delivery-up orders, which court to use, documents, and what the company secretary prepares while a solicitor runs any court case.

Raffles Corporate Services works with a panel of experienced Singapore law firms who offer cost-effective and efficient legal service and advice. This article is general information only and is not legal advice.

What should the company do first when property is not returned?

Pin down exactly what is missing and who has it, then make a clear written demand. If the items still do not come back, the demand and the refusal become key evidence.

This article deals with physical items: laptops, phones, tablets, vehicles, keys and access cards, tools, equipment and stock. If the real concern is client lists, files or confidential information, see our separate guide on a former employee taking clients and confidential information. Withheld statutory registers and minute books held by a former company secretary are also a different problem with different steps.

1. Build an inventory from the company’s records: asset register, purchase invoices, serial numbers, IMEI numbers, vehicle registration, key and access card logs, and stock records.
2. Confirm who holds each item, using sign-out forms, IT records, delivery orders, messages and witness accounts.
3. Check the paperwork: the employment contract or director’s service agreement, any IT or equipment policy, and any handover or return-of-property clause.
4. Cut off remote access to devices and systems, but do not wipe a device without advice if it may hold evidence.
5. Send a written demand to the person, listing each item, the place and time for return, and a deadline. Keep proof of sending. Our guide to writing a letter of demand covers the form of the letter.
6. Record the response, or the silence, in a short file note and keep any reply.
7. If the items are still not returned by the deadline, take legal advice on a claim and on whether urgent interim relief is needed.

Can the company deduct the value from final salary?

Only within narrow limits, and usually it is the wrong tool. For employees covered by the Employment Act, MOM says an employer may deduct salary for damage or loss of goods the employee is responsible for, including tools, equipment and vehicles, only after an inquiry into whether the employee is directly at fault and a chance for the employee to explain. The deduction cannot exceed 25% of one month’s salary and must be a one-time lump sum. MOM adds that compensation should generally be recovered directly from the employee rather than through salary deductions. See MOM’s page on allowable salary deductions.

Withholding the whole final salary until a laptop is returned risks a salary claim by the employee. Pursue the property separately.

What are conversion and detinue in Singapore law?

They are the two torts (civil wrongs) a company usually relies on to get its goods back. Detinue targets the wrongful keeping of goods after a demand; conversion targets any dealing with goods that is inconsistent with the owner’s rights.

In Valency International Pte Ltd v JSW International Tradecorp Pte Ltd [2026] SGCA 1, decided on 12 January 2026, the Court of Appeal restated that conversion is committed when the defendant deals with the claimant’s goods so as to constitute either an unjustifiable denial of the claimant’s rights in them or an assertion of rights inconsistent with them. Citing Tat Seng Machine Movers Pte Ltd v Orix Leasing Singapore Ltd [2009] 4 SLR(R) 1101, it said inconsistency is the gist of the action and the defendant need not know the goods belonged to someone else. The claimant there also failed because it lacked the right to immediate possession at the material time.

For detinue, the District Court in Pua Wen Jin v Lam King Keow [2026] SGDC 105 (unreported), decided on 30 March 2026, set out the key points, citing a leading textbook:

• the claimant must have the right to immediate possession of the goods;
• the defendant must have wrongfully detained and refused to deliver up the goods, which in practice requires a demand for their return; and
• unlike conversion, an order for delivery up is available as a remedy once liability is established.

The court in Pua also explained that where an owner hands goods to another person to use but can end the arrangement at any time, the relationship is a bailment at will and the owner keeps the right to immediate possession (at [11]). The claimant in Pua lost because he could not prove the watches were gifts: ownership is often the real fight.

Claims against a former director can add breach of fiduciary duty. In Asian Eco Technology Pte Ltd v Deng Yiming [2023] SGHC 227 (unreported), the company pleaded fiduciary duty, conversion, detinue and constructive trust against a director removed on 17 January 2023 who kept diamonds the company had bought.

What remedies can the court give, including delivery-up orders?

The court can order the person to return the item (delivery up), pay its value or damages, or both, and award costs. Before trial, it can also make interim orders to keep the property safe.

• Delivery up: an order that the defendant hand back the specific item. This suits items that still exist, such as a laptop, a car or identifiable stock.
• Damages: compensation for the value of the goods and loss caused by their detention. In Asian Eco Technology, the company waived delivery up; the court declared that the former director held the diamonds as constructive trustee for the company and ordered damages to be assessed.
• Costs: in Asian Eco Technology, the court fixed costs at S$14,000 for the summary judgment application and S$20,000 for the action, both excluding disbursements, payable by the former director.

Two procedural tools matter in practice. First, summary judgment under Order 9, Rule 17 of the Rules of Court 2021 lets the company obtain judgment without a full trial where the defendant has no real defence; in Asian Eco Technology, bare assertions that the goods were “on loan”, with no documents and no reply to the company’s demand letters, did not raise a triable issue. Our guide to summary judgment in Singapore explains the process. Second, where there is a risk that the item will be sold, hidden or damaged before trial, the solicitor can ask the court for an interim order to detain and preserve the property in the meantime. Whether that is justified, and on what terms, is a question for legal advice on the facts.

Where do you file to recover company property in Singapore?

A claim in the civil courts goes to the court that matches the value of what is claimed. For goods, that is usually the value of the items plus any losses.

Source: Singapore Courts, start a civil claim. The Small Claims Tribunals hear claims up to S$30,000, but mainly disputes about goods, services and residential tenancies; whether a claim to recover equipment from a former employee fits the Tribunals’ jurisdiction is something to check with a solicitor before filing.

Should the company make a police report?

Sometimes. Where a person who was entrusted with company property keeps, sells or uses it with dishonest intent, the conduct may amount to criminal breach of trust, and the company can report it to the police.

Keep three points in mind. A police report starts an investigation; it does not by itself return the property, and the decision whether to charge belongs to the Public Prosecutor. A genuine dispute about ownership, for example where a director says a car was part of his package, usually belongs in the civil courts. And the company should never threaten a police report to pressure someone into handing items back. Our guide to employee criminal breach of trust explains when a report is appropriate and how it works alongside a civil claim.

What documents does the company need?

Proof of ownership and proof of demand do most of the work. The cases above were won or lost on documents: in Asian Eco Technology, invoices, payment records and a signed receipt carried the day, while the claimant in Pua could not prove a gift.

How long does it take, and what does it cost?

A demand can resolve matters in days. A contested claim takes months, and a full trial can take years. We do not quote legal fees, which depend on the firm and the matter; ask your solicitor for a written estimate.

Assumptions: timings come from two reported cases and are illustrations, not predictions. Weigh the value of the items against the likely cost before suing over a single phone.

What does the company secretary prepare, and what does the solicitor file?

The company secretary or corporate service provider (CSP) assembles the records and authorisations; a Singapore Advocate and Solicitor advises, sends formal legal letters, files the claim and any interim application, and appears in court. Court proceedings are conducted by a Singapore Advocate and Solicitor, never by a CSP.

Raffles Corporate Services does not give legal advice or act in court; a law firm from our panel handles any proceedings. If the person is both a director and an employee, the board seat and the job end separately; see our guide to removing a director who is also an employee. If you need a view on a specific dispute, speak to a lawyer early.

What are the common mistakes?

Most come from acting on frustration instead of evidence.

• No asset register or sign-out record, so the company cannot prove what it issued or to whom.
• Never making a clear written demand, which weakens a detinue claim.
• Withholding all of the final salary, or deducting more than MOM’s rules allow, which hands the employee a claim.
• Taking items back by force or entering a home to retrieve a laptop.
• Threatening a police report to pressure a return.
• Remote-wiping a device that holds evidence the company later needs.
• Treating a disputed perk, such as a car promised as part of a package, as plain theft without checking the documents.
• Suing for low-value items where the cost of litigation far exceeds their value.

For tracking assets and company deadlines, see our free tools.

Frequently asked questions

Can we keep a former employee’s final salary until the laptop is returned?

Generally no. For employees covered by the Employment Act, MOM limits deductions for lost or damaged goods to 25% of one month’s salary after an inquiry, and says compensation should generally be recovered directly. Pursue the laptop through a demand and, if needed, a claim.

What is a delivery-up order?

It is a court order requiring the defendant to hand back specific goods. It is available in detinue once the company proves its right to immediate possession and a wrongful refusal after demand.

Is refusing to return a company car a crime?

It can be if the person was entrusted with the car and keeps or disposes of it with dishonest intent, which may be criminal breach of trust. A genuine dispute over whether the car was part of the person’s package is usually a civil matter.

Can the company sue a former director personally?

Yes, if the director personally holds or dealt with the property. In Asian Eco Technology, the court held that the pleaded claims were personal against the former director because of his wrongful possession of the goods.

Last reviewed: 8 November 2026. The Editorial Team, Raffles Corporate Services.