Raffles Town Club Pte Ltd: Extension of Timeline for Scheme of Arrangement

Raffles Town Club Pte Ltd applied to the High Court of Singapore on 12 October 2005, seeking a second extension of timelines to hold a creditors' meeting and advertise notice of a proposed scheme of arrangement. Kan Ting Chiu J dismissed the application, finding that the company had not discharged its onus of proving valid grounds for a further extension. The court noted the company's failure to provide sufficient details regarding the progress and outstanding components of the proposed scheme.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Raffles Town Club sought a second extension to present a scheme of arrangement to creditors. The court rejected the application due to insufficient grounds.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Raffles Town Club Pte LtdApplicantCorporationApplication dismissedLost
Plaintiffs (group of members of the Raffles Town Club)RespondentAssociationApplication dismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Stanley LaiAllen and Gledhill
Candace LerAllen and Gledhill
Roland TongWong Tan and Molly Lim LLC
Ambrose ChiaWong Tan and Molly Lim LLC

4. Facts

  1. The company applied to extend timelines to hold creditors' meeting.
  2. The company had been granted extensions previously.
  3. The company cited ongoing efforts to enhance the scheme proposal.
  4. The company cited delays in furnishing necessary information.
  5. The affidavit supporting the application was deemed inadequate.

5. Formal Citations

  1. Raffles Town Club Pte Ltd, OS 1164/2005, OS 1164/2005
  2. Raffles Town Club Pte Ltd, SIC 5275/2005, SIC 5275/2005

6. Timeline

DateEvent
Court of Appeal determined the primary dispute
Company filed application relating to the scheme proposal
Timelines moved with consent of the parties
Company applied to extend timelines for the second time
Application dismissed

7. Legal Issues

  1. Extension of Timelines for Scheme of Arrangement
    • Outcome: The court held that the company failed to discharge its onus of proving valid grounds for a further extension of timelines.
    • Category: Procedural
    • Sub-Issues:
      • Onus of proof for valid grounds
      • Sufficiency of evidence

8. Remedies Sought

  1. Extension of timelines to hold creditors' meeting
  2. Extension of timelines to advertise notice of creditors' meeting and proposed scheme

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Corporate Restructuring
  • Commercial Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
UnknownCourt of AppealYes[2005] 4 SLR 351SingaporeCited as the Court of Appeal's decision on the primary dispute preceding the scheme of arrangement application.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Companies Act (Cap 50, 1994 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Scheme of arrangement
  • Creditors' meeting
  • Timelines
  • Extension
  • Onus of proof
  • Affidavit
  • Scheme proposal

15.2 Keywords

  • Scheme of arrangement
  • Extension of time
  • Creditors
  • Companies Act
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Schemes of Arrangement80
Company Law75
Creditors' Meeting70
Extension of Timelines60
Wrongful Termination25
Bankruptcy25
Breach of Contract25
Arbitration25

16. Subjects

  • Corporate Law
  • Insolvency Law