Re Aathar Ah Kong Andrew: Appeal for Interim Order Extension in Bankruptcy Act
Aathar Ah Kong Andrew appealed to the High Court of Singapore against the decision of an Assistant Registrar who dismissed his application for an extension of an interim order under section 45(1) of the Bankruptcy Act. The interim order was related to a proposed voluntary arrangement with his creditors. Ang Cheng Hock JC dismissed the appeal, and the applicant has appealed against this decision. The court found that it did not have the power to extend the interim order under section 45(4) of the Act in the circumstances of this case.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Insolvency
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the dismissal of an application for an extension of an interim order under the Bankruptcy Act. The court dismissed the appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Aathar Ah Kong Andrew | Applicant | Individual | Appeal Dismissed | Lost | |
| OUE Lippo Healthcare Limited | Respondent | Corporation | Application Opposed | Won | |
| CIMB Securities (Singapore) Pte Ltd | Respondent | Corporation | Application Opposed | Won | |
| Citibank Singapore Limited | Respondent | Corporation | No Position | Neutral | |
| KGI Securities (Singapore) Pte Ltd | Respondent | Corporation | No Position | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Ang Cheng Hock | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- The applicant sought an extension of an interim order under s 45(1) of the Bankruptcy Act.
- The interim order was initially granted in connection with a proposed voluntary arrangement to creditors.
- The Assistant Registrar dismissed the application for extension.
- The applicant appealed the Assistant Registrar's decision.
- The creditors had previously rejected a similar voluntary arrangement proposal.
- The applicant's debts amounted to approximately S$317 million.
- The applicant had outstanding costs orders against him.
5. Formal Citations
- Re Aathar Ah Kong Andrew, Originating Summons (Bankruptcy) No 59 of 2017 (Registrar’s Appeal No 151 of 2018), [2018] SGHC 227
- Re Aathar Ah Kong Andrew, , [2018] SGHC 124
- Re Aathar Ah Kong Andrew, , [2017] SGHCR 4
6. Timeline
| Date | Event |
|---|---|
| Citibank Singapore Limited filed a bankruptcy application against the applicant. | |
| Applicant made an application under s 45(1) of the Bankruptcy Act for an interim order. | |
| Interim order was granted. | |
| Assistant Registrar granted applications to set aside the approval of the voluntary arrangement. | |
| Applicant filed an application for another interim order under s 45(1) of the Act. | |
| Court granted the interim order. | |
| Nominee submitted his report. | |
| First creditors’ meeting was held. | |
| Creditors voted on the proposal at the adjourned creditors’ meeting. | |
| Nominee wrote to the creditors to inform them that the voluntary arrangement had been approved. | |
| Nominee wrote to the creditors to inform them that the voluntary arrangement had been approved. | |
| Applications to set aside the creditors’ approval of the voluntary arrangement were heard by Valerie Thean J. | |
| Application for an extension of the interim order was heard by an Assistant Registrar. | |
| Hearing date. | |
| Judgment Date. |
7. Legal Issues
- Extension of Interim Order
- Outcome: The court held that it did not have the power under s 45(4) of the Bankruptcy Act to extend the interim order in this case.
- Category: Procedural
8. Remedies Sought
- Extension of Interim Order
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Insolvency
- Bankruptcy
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Aathar Ah Kong Andrew | High Court | Yes | [2018] SGHC 124 | Singapore | Cited for the background facts of the case and the decision by Valerie Thean J to revoke the approval of the voluntary arrangement. |
| Re Aathar Ah Kong Andrew | High Court | Yes | [2017] SGHCR 4 | Singapore | Cited for the grounds of decision of the Assistant Registrar to set aside the approval of the voluntary arrangement. |
| In re A Debtor (No. 83 of 1988) | Unknown | Yes | [1990] 1 WLR 708 | United Kingdom | Cited to support the interpretation of the purpose of interim orders in voluntary arrangements. |
| Cadbury Schweppes plc v Somji | English Court of Appeal | Yes | [2001] 1 WLR 615 | England and Wales | Cited regarding the principles for revoking creditors’ approval of a voluntary arrangement due to secret collateral payments. |
13. Applicable Rules
| Rule Name |
|---|
| Bankruptcy Rules (Cap 20, R 1, 2006 Rev Ed) |
| Rule 73(1) of the Bankruptcy Rules |
| Rule 73(2) of the Bankruptcy Rules |
| Rule 78(1) of the Bankruptcy Rules |
| Rule 81(1) of the Bankruptcy Rules |
| Rule 86(1) of the Bankruptcy Rules |
| Rule 86(2) of the Bankruptcy Rules |
| Rule 86(3) of the Bankruptcy Rules |
| Rule 88(1) of the Bankruptcy Rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Bankruptcy Act (Cap 20, 2009 Rev Ed) | Singapore |
| s 44 of the Bankruptcy Act | Singapore |
| s 45(1) of the Bankruptcy Act | Singapore |
| s 45(3) of the Bankruptcy Act | Singapore |
| s 45(4) of the Bankruptcy Act | Singapore |
| s 48(1) of the Bankruptcy Act | Singapore |
| s 48(2) of the Bankruptcy Act | Singapore |
| s 49(1) of the Act | Singapore |
| s 49(3) of the Act | Singapore |
| s 49(4) of the Act | Singapore |
| s 49(5) of the Act | Singapore |
| s 49(6)(b) of the Act | Singapore |
| s 52(1) of the Act | Singapore |
| s 52(2) of the Act | Singapore |
| s 53(1) of the Act | Singapore |
| s 53(2) of the Act | Singapore |
| s 54 of the Act | Singapore |
| s 54(1)(b) of the Act | Singapore |
| s 54(2) of the Act | Singapore |
| s 54(3) of the Act | Singapore |
| s 54(5) of the Act | Singapore |
| s 64(1) of the Act | Singapore |
| Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
| s 76A(2) of the Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Interim Order
- Voluntary Arrangement
- Bankruptcy Act
- Creditors
- Nominee
- Moratorium
- Bankruptcy Application
- Creditors' Meeting
- Special Resolution
- Registrar's Appeal
15.2 Keywords
- Bankruptcy
- Insolvency
- Interim Order
- Voluntary Arrangement
- Singapore
- High Court
- Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Insolvency Law | 95 |
| Bankruptcy | 90 |
| Voluntary scheme of arrangement | 70 |
| Civil Procedure | 30 |
| Administrative Law | 5 |
| Arbitration | 5 |
16. Subjects
- Bankruptcy
- Insolvency
- Civil Procedure