CK TAN LAW CORPORATION

[2024] SGHC 204 High Court (General Division) 12 August 2024 • HC/OA 571/2024 • 18 min read
4 cases cited (2 SG, 2 foreign) Cited by 1 case

Outcome

Application dismissed

I dismissed the application as opposed to granting it in this modified form.

Source: [2024] SGHC 204, High Court (General Division), decided 12 August 2024. Read directly from the judgment.

Key facts

Court High Court (General Division)
Decided
Judge Goh Yihan
Charges / claim Credit and Security
Outcome Application dismissed
Counsel CK Tan Law Corporation, Yeo Siew Chye Troy

Source: [2024] SGHC 204, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (2)

Parties (1)

Case Significance

Re CK Tan Law Corp [2024] SGHC 204 was a grounds of decision of the General Division of the High Court delivered by Goh Yihan J on 12 August 2024, following a hearing on 22 July 2024 in Originating Application No 571 of 2024. The applicant, CK Tan Law Corporation, had filed an application on 13 June 2024 seeking to extend the time to register an instrument of mortgage under s 137 of the Companies Act 1967 (2020 Rev Ed). The instrument of mortgage, Instrument No IF/705264P, had been registered on 19 February 2020 over property registered with the Accounting and Corporate Regulatory Authority (ACRA).

The judgment addressed the court's discretion under s 137 of the Companies Act 1967 to extend the time for registration of a charge where the omission to register within the required time, or any omission or mis-statement, was accidental or due to inadvertence, or where it was otherwise just and equitable to grant relief. The application was brought in the matter of s 137 of the Companies Act 1967 and Order 38 of the Rules of Court 2021. The applicant was represented by Yeo Siew Chye Troy of CK Tan Law Corporation.

Summary

CK Tan Law Corporation applied under s 137 of the Companies Act 1967 for an extension of time to register an instrument of mortgage that had been registered in February 2020, with the application filed about five months after the omission was discovered and roughly four years after the mortgage was due to be registered. Goh Yihan J found that the supporting affidavits provided scant evidence of the ground relied on and no evidence that no winding-up petition had been presented, and that the relief sought did not match what could be granted. The application was dismissed, with liberty for the applicant to reapply.

What was Re CK Tan Law Corp [2024] SGHC 204 about?

Re CK Tan Law Corp [2024] SGHC 204 was a High Court decision by Goh Yihan J on 12 August 2024 concerning CK Tan Law Corporation's application to extend the time to register an instrument of mortgage under s 137 of the Companies Act 1967.

What power does s 137 of the Companies Act 1967 confer according to [2024] SGHC 204?

According to Re CK Tan Law Corp [2024] SGHC 204, s 137 of the Companies Act 1967 confers on the court a discretion to extend time for registering a charge where one of the stipulated grounds, such as the omission being accidental, is satisfied.

Statutes Cited

Cases Cited (4)

SLR (2)
[2013] 2 SLR 311 [2014] 1 SLR 733
UK (1)
[1948] 2 All ER 1105
MY (1)
[2001] 6 MLJ 330

Cited By (1)

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Statutes interpreted in this judgment

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 204)