Scheme Creditor Objections: Speak Now Or Forever Hold Your Peace?

Overview

We provide an update on the recent decision of the Singapore Court of Appeal in UT Singapore Services Pte Ltd v. Goh Thien Phong & Ors [2025] SGCA 17. The issues considered include the classification of creditors, the jurisdiction of the court in sanctioning the scheme, and the adequacy of disclosures made by the Liquidators. The appeals were dismissed, except on the issue of whether the Court below ought to have considered the appellant's objections on the classification of creditors raised at the sanction hearing regardless of whether the appellant had offered good reason for not doing so earlier. The Court of Appeal addressed for the first time, the issue of the consequences that should follow should a creditor, without good reasons, belatedly raise objections regarding class composition at the sanction stage.