Re CK Tan Law Corp: Extension of Time for Mortgage Registration under Companies Act
CK Tan Law Corporation applied to the High Court of Singapore on 13 June 2024 for an extension of time to register a mortgage under Section 137 of the Companies Act. The application was dismissed by Justice Goh Yihan on 22 July 2024, with the reasons provided on 12 August 2024, due to insufficient evidence of inadvertence in failing to register the mortgage and the absence of a proviso to protect third-party interests.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Application dismissed with liberty to reapply.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application to extend time to register a mortgage was dismissed due to insufficient evidence of inadvertence and failure to protect third-party interests.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Maybank Singapore Limited | Other | Corporation | |||
| CK Tan Law Corporation | Applicant | Corporation | Application Dismissed | Lost | |
| L&H Plaster Ceiling Pte Ltd | Other | Corporation |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Goh Yihan | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Yeo Siew Chye Troy | CK Tan Law Corporation |
4. Facts
- CK Tan Law Corporation applied for an extension of time to register a mortgage.
- The mortgage was executed by L&H Plaster Ceiling Pte Ltd in favour of Maybank Singapore Limited on 20 December 2019.
- The mortgage was supposed to be registered by 19 January 2020.
- The omission to register the mortgage was discovered in January 2024.
- The application was filed on 13 June 2024, five months after the discovery.
- The applicant did not provide sufficient evidence of the inadvertence that led to the failure to register the mortgage.
- The applicant did not include a prayer for a proviso to protect third-party interests.
5. Formal Citations
- Re CK Tan Law Corp, Originating Application No 571 of 2024, [2024] SGHC 204
6. Timeline
| Date | Event |
|---|---|
| Mortgage executed by L&H Plaster Ceiling Pte Ltd in favour of Maybank Singapore Limited. | |
| Deadline for lodging the Mortgage with ACRA. | |
| Omission to register the Mortgage discovered. | |
| Application for extension of time filed. | |
| First hearing before Christopher Tan JC. | |
| Hearing postponed. | |
| Supplementary Affidavit filed. | |
| Application heard by Goh Yihan J. | |
| Reasons for decision provided. |
7. Legal Issues
- Extension of Time for Registering Charge
- Outcome: The court dismissed the application for an extension of time due to insufficient evidence of inadvertence and the absence of a proviso to protect third-party interests.
- Category: Procedural
- Sub-Issues:
- Inadvertence
- Prejudice to creditors
- Protection of third-party interests
- Related Cases:
- [2014] 1 SLR 733
- [2013] 2 SLR 311
- [1948] 2 All ER 1105
- [2001] 6 MLJ 330
8. Remedies Sought
- Extension of time to register an instrument of mortgage
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Commercial Litigation
11. Industries
- Legal Services
- Banking
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Media Development Authority of Singapore v Sculptor Finance (MD) Ireland Ltd | Court of Appeal | Yes | [2014] 1 SLR 733 | Singapore | Cited for the court's discretion to grant an extension of time to register charges under s 137 of the Companies Act and the purpose of registering a charge under s 131(1) of the CA. |
| Sculptor Finance (MD) Ireland Ltd v Media Development Authority of Singapore | High Court | Yes | [2013] 2 SLR 311 | Singapore | Cited for the grounds on which the court can exercise its discretion to extend time for registration of a charge. |
| Re Kris Cruisers Ltd | English High Court Chancery Division | Yes | [1948] 2 All ER 1105 | England and Wales | Cited for the principle that an applicant needs to provide sufficient evidence of the circumstances leading to the inadvertence to register a charge. |
| Re Public Bank Bhd | Kuala Lumpur High Court | Yes | [2001] 6 MLJ 330 | Malaysia | Cited for the principle that the supporting affidavit must disclose how the omission to register a charge was brought about and by whom. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 137 of the Companies Act 1967 | Singapore |
| Section 131 of the Companies Act 1967 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Mortgage
- Charge
- Extension of time
- Inadvertence
- Registration
- Companies Act
- Creditors
- Third-party interests
- ACRA
15.2 Keywords
- mortgage registration
- extension of time
- companies act
- inadvertence
- third-party interests
- singapore
- high court
17. Areas of Law
16. Subjects
- Company Law
- Mortgages
- Civil Procedure