Lye Yew Cheong v Accounting and Corporate Regulatory Authority
Key facts
| Court | High Court (General Division) |
|---|---|
| Decided | |
| Judge | Goh Yihan |
| Charges / claim | Companies |
| Counsel | Alain A Johns Partnership, August Law Corporation, Alain Abraham Johns, Emira binte Abdul Razakjr, Mohamed Nawaz Kamil |
Source: [2024] SGHC 270, High Court (General Division), decided — eLitigation. Updated .
Catchwords
Practice Areas
Judges (1)
Counsel (5)
Case Significance
In Lye Yew Cheong v Accounting and Corporate Regulatory Authority (Xie Zhiyang Keith, non-party) [2024] SGHC 270, the General Division of the High Court heard Originating Application No 533 of 2024, an application by Mr Lye Yew Cheong for an order that the name of Concept Werk Pte Ltd (the "Company") be restored to the register of companies maintained by the Registrar of Companies of the Accounting and Corporate Regulatory Authority (the "ACRA"), pursuant to section 344(5) of the Companies Act 1967 (2020 Rev Ed). As set out in the judgment, section 344(5) allows a person aggrieved by a company's name having been struck off to apply within 6 years after the striking off, and the court may make a restoration order if satisfied that the company was, at the time of striking off, carrying on business or in operation, or that it is otherwise just. Goh Yihan J reserved judgment, which was delivered on 23 October 2024, addressing the factors the court should consider in determining whether to order restoration.
[2024] SGHC 270 explained
Lye Yew Cheong v Accounting and Corporate Regulatory Authority ([2024] SGHC 270) is a Singapore judgment decided by the High Court (General Division) on 23 October 2024. It is categorised under Companies. Within this corpus it has since been cited by 1 other reported Singapore judgment, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.
What is [2024] SGHC 270 about?
Lye Yew Cheong v Accounting and Corporate Regulatory Authority ([2024] SGHC 270) is a High Court (General Division) decision from 2024. Its published catchwords are “Companies — Striking off defunct companies — Power to order name of company be restored to register where company name struck off by Registrar as defunct company — Factors for court to consider in determining whether to order company name be restored to register — Section 344(5) Companies Act 1967 (2020 Rev Ed)”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.
Which legislation does [2024] SGHC 270 consider?
The judgment refers to Companies Act (Cap 50) and Interpretation Act (Cap 1). The statutes cited are listed in full on this page, each linking to its primary text.
What earlier Singapore cases does [2024] SGHC 270 cite?
Among the in-corpus authorities it refers to are [2024] SGHC 243. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.
How influential is [2024] SGHC 270?
Within this corpus, [2024] SGHC 270 has been cited by 1 later reported Singapore judgment. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.
Summary
Mr Lye Yew Cheong applied under s 344(5) of the Companies Act 1967 for an order restoring Concept Werk Pte Ltd to the register of companies after it had been struck off as a defunct company, having engaged the company for HDB renovation works; the Accounting and Corporate Regulatory Authority did not object, but a former director, Mr Xie Zhiyang Keith, intervened as a non-party to oppose the application. The issue was whether the company had been carrying on business or in operation at the time of striking off, or whether it was otherwise just to restore its name, and what factors the court should consider. The court allowed the application and ordered that the company's name be restored to the register, finding it had still been in operation at the time of striking off.
What was sought in Lye Yew Cheong v Accounting and Corporate Regulatory Authority [2024] SGHC 270?
Mr Lye Yew Cheong applied under section 344(5) of the Companies Act 1967 (2020 Rev Ed) for an order restoring the name of Concept Werk Pte Ltd to the register of companies maintained by the Registrar of Companies of ACRA. Goh Yihan J decided the application.
What does section 344(5) of the Companies Act provide according to [2024] SGHC 270?
As described in the judgment, section 344(5) lets a person aggrieved by a company's name being struck off apply within 6 years for restoration, and the court may order it if satisfied the company was carrying on business or it is otherwise just.
Statutes Cited
Cases Cited (16)
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 eLitigationSource: eLitigation ([2024] SGHC 270)