RASHMI BOTHRA v SUNTECCITY THIRTY PTE LTD & 2 Ors

[2023] SGCA 38 Court of Appeal 8 November 2023 CA/CA 6/2023 28 min read
7 cases cited

Outcome

Appeal allowed

we allowed the appeal.

Source: [2023] SGCA 38, Court of Appeal, decided 8 November 2023. Read directly from the judgment.

Key facts

Court Court of Appeal
Decided
Judges Belinda Ang Saw Ean, Judith Prakash, Kannan Ramesh
Charges / claim Insolvency Law
Outcome Appeal allowed
Counsel Allen & Gledhill LLP, Rajah & Tann Singapore LLP, Ee Jia Min, Foo Xian Fong, Liew Min Yi Glenna, Shjoneman Tan, Tan Yen Jee, Vikram Nair, Yeo Alexander Lawrence Han Tiong

Source: [2023] SGCA 38, Court of Appeal, decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (3)

Counsel (9)

Parties (4)

Case Significance

Rashmi Bothra v SuntecCity Thirty Pte Ltd and others [2023] SGCA 38 is a decision of the Court of Appeal, with the grounds delivered by Kannan Ramesh JAD sitting with Judith Prakash JCA and Belinda Ang Saw Ean JCA, on 8 November 2023 in Civil Appeal No 6 of 2023. The appeal arose from Companies Winding Up No 234 of 2022, in which the High Court judge made a winding-up order against SuntecCity Thirty Pte Ltd under s 125(1)(i) of the Insolvency, Restructuring and Dissolution Act 2018 but declined Rashmi Bothra's nominees as liquidators, appointing instead the nominees of private trustees Jason Aleksander Kardachi and Patrick Bance. Rashmi appealed against that choice of liquidator, framing the case around the court's approach to the appointment of a liquidator.

[2023] SGCA 38 explained

RASHMI BOTHRA v SUNTECCITY THIRTY PTE LTD & 2 Ors ([2023] SGCA 38) is a Singapore judgment decided by the Court of Appeal on 8 November 2023. It is categorised under Insolvency Law. It is a recent decision; within this corpus no later judgment has cited it yet. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2023] SGCA 38 about?

RASHMI BOTHRA v SUNTECCITY THIRTY PTE LTD & 2 Ors ([2023] SGCA 38) is a Court of Appeal decision from 2023. Its published catchwords are “Insolvency Law — Winding up — Appointment of liquidator”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGCA 38 consider?

The judgment refers to Companies Act (Cap 50), Insolvency, Restructuring and Dissolution Act, and Restructuring and Dissolution Act. The statutes cited are listed in full on this page, each linking to its primary text.

What was Rashmi Bothra v SuntecCity Thirty Pte Ltd [2023] SGCA 38 about?

It was a Court of Appeal decision of 8 November 2023 concerning the appointment of a liquidator after SuntecCity Thirty Pte Ltd was wound up, where Rashmi Bothra appealed the High Court's preference for the private trustees' nominees over hers.

Who delivered the grounds of decision in [2023] SGCA 38?

Kannan Ramesh JAD delivered the grounds of decision of the court, sitting with Judith Prakash JCA and Belinda Ang Saw Ean JCA, in Civil Appeal No 6 of 2023 arising from Companies Winding Up No 234 of 2022.

Statutes Cited

Insolvency, Restructuring and Dissolution Act Cases on this Act →
Restructuring and Dissolution Act Cases on this Act →

Cases Cited (7)

SLR (7)
[1992] 1 SLR(R) 912 [2004] 3 SLR(R) 164 [2015] 3 SLR 665 [2017] 2 SLR 850 [2018] 5 SLR 689 [2020] 2 SLR 744 [2021] 1 SLR 342

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGCA 38)