SITI HASMAH BINTE ADAM v MAJLIS PUSAT SINGAPURA

[2024] SGHC 158 High Court (General Division) 21 June 2024 • HC/CWU 86/2024 • 4 min read

Key facts

Court High Court (General Division)
Decided
Judge Chua Lee Ming
Charges / claim Insolvency Law —Winding up
Counsel RHTLaw Asia LLP, Selvam LLC, Anil Murkoth Changaroth, Cumara Kamalacumar, Kwang Jia Min

Source: [2024] SGHC 158, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (5)

Parties (2)

Case Significance

Siti Hasmah bte Adam v Majlis Pusat Singapura [2024] SGHC 158 was a decision of the General Division of the High Court delivered by Chua Lee Ming J on 21 June 2024 in Companies Winding Up No 86 of 2024. The defendant, Majlis Pusat Singapura, was a society registered under the Societies Act 1966 (2020 Rev Ed), and the claimant, Siti Hasmah binte Adam, an early childhood educator, applied to wind up the society pursuant to ss 246(1)(c)(ii) and/or (iii) of the Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed).

According to the judgment, the claimant commenced arbitration against the defendant under the auspices of the Singapore International Arbitration Centre on 18 June 2021, and on 12 September 2023 the tribunal issued a final award in her favour. She served a statutory demand dated 13 September 2023 demanding payment of $393,207.91 due under the award, which the defendant did not pay, and she filed the winding-up application on 22 March 2024. The claimant was represented by Cumara Kamalacumar of Selvam LLC and the defendant by Anil Murkoth Changaroth of RHTLaw Asia LLP.

Summary

Siti Hasmah binte Adam, an early childhood educator who had obtained a final arbitral award in her favour and served a statutory demand for $393,207.91 that went unpaid, applied to the General Division of the High Court to wind up Majlis Pusat Singapura, a society registered under the Societies Act 1966. The issue was whether such a society fell within the meaning of an unregistered company under the Insolvency, Restructuring and Dissolution Act 2018 and could be wound up. The court held that the society was an association falling within the meaning of an unregistered company, and as the defendant did not contest the application, granted the winding up order against it.

What was Siti Hasmah bte Adam v Majlis Pusat Singapura [2024] SGHC 158 about?

It was a 2024 High Court decision before Chua Lee Ming J on an application by Siti Hasmah binte Adam to wind up Majlis Pusat Singapura, a registered society, under the Insolvency, Restructuring and Dissolution Act 2018, following an unpaid arbitration award.

How much was demanded in the statutory demand in [2024] SGHC 158?

According to the judgment, the claimant served a statutory demand dated 13 September 2023 demanding payment of $393,207.91 due under a Singapore International Arbitration Centre final award issued on 12 September 2023, which the defendant society did not pay.

Statutes Cited

Insolvency, Restructuring and Dissolution Act Cases on this Act →
Restructuring and Dissolution Act Cases on this Act →

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 158)