Siti Hasmah v Majlis Pusat Singapura: Winding Up Application for Society Under Insolvency, Restructuring and Dissolution Act

In the case of Siti Hasmah binte Adam v Majlis Pusat Singapura, the General Division of the High Court of Singapore heard an application by Siti Hasmah binte Adam to wind up Majlis Pusat Singapura, a society registered under the Societies Act. The application was made under the Insolvency, Restructuring and Dissolution Act 2018, on the grounds that the defendant was unable to pay its debts. The court granted the claimant's application and ordered the defendant to be wound up.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Winding up order granted.

1.3 Case Type

Insolvency

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Winding up application against Majlis Pusat Singapura, a society registered under the Societies Act, due to inability to pay debts. The court granted the application.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Siti Hasmah binte AdamClaimantIndividualApplication grantedWon
Majlis Pusat SingapuraDefendantAssociationWinding up order grantedLost

3. Judges

Judge NameTitleDelivered Judgment
Chua Lee MingJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Cumara KamalacumarSelvam LLC
Anil Murkoth ChangarothRHTLaw Asia LLP

4. Facts

  1. The claimant is an early childhood educator.
  2. The defendant is a society registered under the Societies Act.
  3. The claimant commenced arbitration against the defendant and obtained a final award in her favor.
  4. The claimant served a statutory demand on the defendant for $393,207.91.
  5. The defendant did not make any payment to the claimant.
  6. The claimant filed CWU 86 seeking to wind up the defendant.

5. Formal Citations

  1. Siti Hasmah bte Adam v Majlis Pusat Singapura, Companies Winding Up No 86 of 2024, [2024] SGHC 158

6. Timeline

DateEvent
Claimant commenced arbitration against the defendant.
Arbitral tribunal issued a final award in favor of the claimant.
Claimant served a statutory demand on the defendant.
Claimant filed CWU 86.
Hearing date.
Judgment date.

7. Legal Issues

  1. Winding up of an unregistered company
    • Outcome: The court held that the defendant, as a society registered under the Societies Act, fell within the definition of an unregistered company and could be wound up.
    • Category: Substantive
  2. Inability to pay debts
    • Outcome: The court found that the defendant was unable to pay its debts.
    • Category: Substantive
  3. Just and equitable winding up
    • Outcome: The court was of the opinion that it was just and equitable to wind up the defendant.
    • Category: Substantive

8. Remedies Sought

  1. Winding up order

9. Cause of Actions

  • Winding up

10. Practice Areas

  • Insolvency
  • Company Winding Up

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Public Prosecutor v Wong Hong Toy and anorHigh CourtYes[1985–1986] SLR(R) 126SingaporeCited as authority that a society registered under the Societies Act is an association and falls within the meaning of the term “unregistered company” in s 245(1) of IRDA.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Insolvency, Restructuring and Dissolution Act 2018Singapore
Societies Act 1966Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Winding up
  • Societies Act
  • Insolvency, Restructuring and Dissolution Act
  • Statutory demand
  • Unregistered company
  • Association
  • Arbitration award

15.2 Keywords

  • Winding up
  • Insolvency
  • Societies Act
  • Singapore
  • Association

17. Areas of Law

Area NameRelevance Score
Insolvency Law100
Winding Up100
Restructuring and Dissolution70
Arbitration40
Commercial Arbitration40

16. Subjects

  • Insolvency Law
  • Company Law
  • Societies