Chia Kok Kee v Tan Wah: Dispute over Co-Investment and Statutory Demand in Bankruptcy Proceedings
In Chia Kok Kee v Tan Wah, the Singapore High Court heard an appeal against the Assistant Registrar's decision to dismiss Chia Kok Kee's application to set aside a statutory demand issued by Tan Wah. The dispute arose from a co-investment in a hydroelectric power plant in China in 1995, which led to various court proceedings and costs orders against Chia. Chia claimed he had a cross demand against Tan exceeding the debt in the statutory demand. The High Court dismissed Chia's appeal, finding no triable issues to support his cross claim.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Insolvency
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case involving a dispute over a co-investment in China, leading to a statutory demand and bankruptcy proceedings. Appeal dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chia Kok Kee | Claimant, Appellant | Individual | Appeal Dismissed | Lost | |
| Tan Wah | Defendant, Respondent | Individual | Appeal Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chua Lee Ming | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Tean | Carson Law Chambers |
| Lim Yun Heng | Yuen Law LLC |
| Jolene Song Zhu Yi | Yuen Law LLC |
4. Facts
- Chia and Tan had disputes over a co-investment in a hydroelectric power plant in the PRC.
- Tan issued a statutory demand against Chia for payment of outstanding costs.
- Chia applied to set aside the statutory demand, claiming a cross demand against Tan.
- The Assistant Registrar dismissed Chia’s application.
- Chia appealed against the AR’s decision.
- A restructuring plan for SND was approved by the People’s Court of Dujiangyan City, Sichuan Province, PRC.
- The Court of Appeal granted Tan's application to lift the global stay order made in CA 158.
5. Formal Citations
- Chia Kok Kee v Tan Wah, Originating Summons (Bankruptcy) No 108 of 2023 (Registrar’s Appeal No 33 of 2024), [2024] SGHC 216
6. Timeline
| Date | Event |
|---|---|
| Co-investment in a joint venture in a hydroelectric power plant in the PRC. | |
| HC/S 558/2005 filed by Chia. | |
| CA/CA 127/2007 filed by Chia. | |
| CA/OS 331/2010 filed by Chia. | |
| HC/S 97/2011 filed by Chia. | |
| CA/CA 158/2011 filed by Chia. | |
| Bankruptcy proceedings commenced against SND in the PRC. | |
| Restructuring plan approved at a creditors’ meeting. | |
| Restructuring plan approved by the People’s Court of Dujiangyan City, Sichuan Province, PRC. | |
| Conversation between Chia and SND’s liquidation manager, Ms Xu Yi. | |
| Chia sent a letter to Tan. | |
| Statutory demand served on Chia. | |
| Chia filed an application to set aside the statutory demand. | |
| The Assistant Registrar dismissed the application. | |
| Chia appealed against the Assistant Registrar’s decision. | |
| First hearing of the appeal. | |
| Appeal Dismissed. |
7. Legal Issues
- Setting Aside Statutory Demand
- Outcome: The court held that the statutory demand should not be set aside.
- Category: Procedural
- Sub-Issues:
- Valid counterclaim
- Set-off
- Cross demand
- Disputed debt
- Related Cases:
- [2014] 2 SLR 446
- [2001] SGHC 17
- [2008] 2 SLR(R) 491
8. Remedies Sought
- Setting aside of statutory demand
9. Cause of Actions
- Fraud
- Conspiracy to injure
- Conspiracy to harm
10. Practice Areas
- Bankruptcy Law
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chia Kok Kee v HX Investment Pte Ltd (So Lai Har (alias Chia Choon), third party in issue) (Tan Wah, third party in counterclaim) | High Court | Yes | [2007] SGHC 164 | Singapore | Cited for the dismissal of S 558 with costs. |
| Chia Kok Kee v Tan Wah and others | High Court | Yes | [2012] 2 SLR 352 | Singapore | Cited for the dismissal of Chia’s appeal against the AR’s decision to strike out S 97. |
| Mohd Zain bin Abdullah v Chimbusco International Petroleum (Singapore) Pte Ltd and another appeal | Court of Appeal | Yes | [2014] 2 SLR 446 | Singapore | Cited for the principle that a statutory demand may be set aside if the counterclaim, set off or cross demand or the disputed debt raises a triable issue. |
| Goh Chin Soon v Oversea-Chinese Banking Corporation Limited | High Court | Yes | [2001] SGHC 17 | Singapore | Cited for the principle that a statutory demand may be set aside if the counterclaim, set off or cross demand or the disputed debt raises a triable issue. |
| Pacific Recreation Pte Ltd v S Y Technology Inc | Court of Appeal | Yes | [2008] 2 SLR(R) 491 | Singapore | Cited for the principle that a winding up or bankruptcy court is generally not in the best position to adjudicate on the merits of a commercial dispute without a proper ventilation of the eventual disputes through a trial. |
13. Applicable Rules
| Rule Name |
|---|
| Supreme Court Practice Directions 2021 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Statutory demand
- Cross claim
- Restructuring plan
- Co-investment
- Bankruptcy proceedings
- Triable issue
- Global stay order
15.2 Keywords
- Bankruptcy
- Insolvency
- Statutory Demand
- Cross Claim
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Insolvency Law | 95 |
| Bankruptcy | 90 |
| Statutory Demand | 70 |
| Commercial Disputes | 60 |
| Civil Litigation | 50 |
| Asset Recovery | 40 |
| Corporate Litigation | 30 |
| Criminal Procedure | 30 |
16. Subjects
- Bankruptcy
- Insolvency Law
- Civil Procedure