C & K Credit Pte Ltd v Lee Chin Kwee Kalvin: Appeal Against Dismissal of Application to Set Aside Statutory Demand
In C & K Credit Pte Ltd v Lee Chin Kwee Kalvin, the High Court of Singapore heard an appeal by Lee Chin Kwee Kalvin against the assistant registrar's decision to dismiss his application to set aside a statutory demand by C & K Credit Pte Ltd. The court, presided over by Judicial Commissioner Choo Han Teck, allowed the appeal on 21 October 2002, finding that the debt stated in the statutory demand was not properly accounted for, as deductions from the proceeds of the sale of a car were not adequately explained.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Insolvency
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the dismissal of an application to set aside a statutory demand. The court allowed the appeal, citing a flaw in the debt accounting.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lee Chin Kwee Kalvin | Appellant | Individual | Appeal Allowed | Won | |
| C & K Credit Pte Ltd | Respondent | Corporation | Statutory Demand Set Aside | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Peter Pang Xiang Zhong | Peter Pang & Co |
| Phua Siow Choon | Michael BB Ong & Co |
4. Facts
- Orient Consumer Credit Pte Ltd entered into a hire purchase agreement with Francis Marcel.
- The debtor signed a separate agreement with Orient Consumer Credit Pte Ltd as the guarantor for Francis Marcel.
- Marcel defaulted, and Orient Credit Pte Ltd called upon the guarantee.
- Judgment was entered against the debtor on 24 July 2001.
- Orient Credit Pte Ltd executed a deed of assignment in favor of the petitioning creditors on 18 October 2001.
- The car was wrecked in Malaysia and towed back to Singapore.
- The petitioning creditors de-registered the car and obtained $55,282 from the Land Transport Authority.
5. Formal Citations
- C & K Credit Pte Ltd v Lee Chin Kwee Kalvin, OS Bankruptcy No 33 of 2002, RA No 252 of 2002, [2002] SGHC 245
6. Timeline
| Date | Event |
|---|---|
| Judgment entered against the debtor | |
| Orient Credit Pte Ltd executed a deed of assignment in favor of the petitioning creditors | |
| Notice of Assignment was served on the debtor | |
| Statutory demand of the petitioning creditors | |
| Appeal allowed |
7. Legal Issues
- Setting aside of statutory demand
- Outcome: The court allowed the appeal and set aside the statutory demand.
- Category: Procedural
- Sub-Issues:
- Whether debt stated in the statutory demand properly accounted for
- Validity of Notice of Assignment
- Outcome: The court held that the notice of assignment can be served at the same time as the statutory demand.
- Category: Substantive
- Assignment of Rights Under Guarantee
- Outcome: The court found that the deed of assignment sufficiently assigned the rights under the guarantee to the petitioning creditors.
- Category: Substantive
8. Remedies Sought
- Setting aside of statutory demand
9. Cause of Actions
- Breach of Guarantee
10. Practice Areas
- Bankruptcy
- Commercial Litigation
11. Industries
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Compania Columbiana De Seguros v Pacific Steam Navigation Co | Queen's Bench | No | [1965] 1 QB 101 | England and Wales | Cited regarding the notice of assignment but distinguished by the court. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Statutory demand
- Deed of assignment
- Hire purchase agreement
- Guarantee
- Chose-in-action
- Notice of assignment
- Bankruptcy proceedings
15.2 Keywords
- Bankruptcy
- Statutory Demand
- Assignment
- Guarantee
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Insolvency Law | 90 |
| Bankruptcy | 85 |
| Assignment Law | 70 |
| Contract Law | 30 |
16. Subjects
- Bankruptcy
- Insolvency
- Assignment