Quah Su-Ling v Inno-Pacific Holdings Ltd: Abridgement of Time for EOGM Notice under Companies Act
In Quah Su-Ling v Inno-Pacific Holdings Ltd, the High Court of Singapore heard an application by Quah Su-Ling, a shareholder of Inno-Pacific Holdings Ltd, to compel the company to issue notice for an Extraordinary General Meeting (EOGM). The court, presided over by Judicial Commissioner Choo Han Teck, granted the application for an abridgement of time, allowing the EOGM to proceed. The defendant's application for a stay of the orders was disallowed.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Order granted in terms of the plaintiff’s application for an abridgement of time, and prayers 1 and 2 of the Originating Summons.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Shareholder Quah Su-Ling sought an order to compel Inno-Pacific Holdings to issue notice for an EOGM. The court granted an abridgement of time for the notice.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Quah Su-Ling | Plaintiff | Individual | Application Granted | Won | Thio Ying Ying, Cheong Aik Hock, Lim Kwee Huat |
| Inno-Pacific Holdings Ltd | Defendant | Corporation | Application Denied | Lost | Melanie Ho, Philip Fong |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Thio Ying Ying | Kelvin Chia Partnership |
| Cheong Aik Hock | Kelvin Chia Partnership |
| Lim Kwee Huat | Kelvin Chia Partnership |
| Melanie Ho | Harry Elias Partnership |
| Philip Fong | Harry Elias Partnership |
4. Facts
- Plaintiff is a shareholder of the defendant company.
- Defendant is a public listed company.
- Requisitionists representing over 10% of shareholders sought to convene an EOGM to remove three directors.
- Notices were given to the company to convene the EOGM on 5 May 2001.
- Credit Agricole Indosuez, a requisitionist, was initially not a registered member.
- Raffles Nominee Pte Ltd, Credit Agricole's nominee company, signed the required notice on 18 July 2001.
- The last day for the company to send out the notice of EOGM was Monday 23 July.
5. Formal Citations
- Quah Su-Ling v Inno-Pacific Holdings Ltd, OS 601004/2001, SIC 601637/2001, Quah Su-Ling v Inno-Pacific Holdings Ltd[2001] SGHC 197
6. Timeline
| Date | Event |
|---|---|
| Defendant convened its annual general meeting. | |
| Various notices given to the company by diverse groups of the requisitionists to convene the EOGM. | |
| Originating Summons fixed for hearing before Justice Judith Prakash. | |
| Raffles Nominee signed the required notice and served it on the company. | |
| Applications heard by Choo Han Teck JC. | |
| Decision Date | |
| Annual general meeting adjourned to this date. |
7. Legal Issues
- Abridgement of Time
- Outcome: The court granted an order for an abridgement of time.
- Category: Procedural
- Validity of Notice for EOGM
- Outcome: The court found that the notice was valid after an abridgement of time was granted.
- Category: Substantive
8. Remedies Sought
- Order for abridgement of time
- Order directing the company to issue notice of the meeting to the members
9. Cause of Actions
- Application to compel the company to issue notice of EOGM
10. Practice Areas
- Shareholder Rights
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Gately v United Permanent Building Society | N/A | Yes | Gately v United Permanent Building Society | Australia | Cited regarding the construction of R78 and the validity of a requisition notice concerning the minimum number of signatures required. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Companies Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Abridgement of time
- Extra-ordinary general meeting
- EOGM
- Requisitionists
- Shareholders
- Companies Act
- Notice of meeting
- Beneficial owner
- Nominee company
15.2 Keywords
- Shareholder
- EOGM
- Companies Act
- Abridgement of time
- Inno-Pacific Holdings
16. Subjects
- Company Law
- Shareholder Rights
- Corporate Governance
17. Areas of Law
- Company Law
- Civil Procedure