KYEN RESOURCES PTE. LTD (IN COMPULSORY LIQUIDATION) & 2 Ors v FEIMA INTERNATIONAL (HONGKONG) LIMITED (IN LIQUIDATION)

Q: Which legislation does [2024] SGCA 7 consider?

The judgment refers to Bankruptcy Act (Cap 20), 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.

[2024] SGCA 7 Court of Appeal 5 March 2024 CA/CA 4/2023 ( CA/SUM 22/2023 ) 34 min read

10 cases cited (5 SG, 5 foreign) Cited by 1 case

Outcome

Appeal dismissed

we dismissed the appeal and SUM 22. In respect of the appeal, there was no basis to challenge the claim in Feima’s proof of debt, and no reason to allow the Kyen Liquidators to account for the Crossclaims and reject Feima’s proof of debt on this basis.

Source: [2024] SGCA 7, Court of Appeal, decided 5 March 2024. Read directly from the judgment.

Key facts

Court	Court of Appeal
Decided	5 March 2024
Judges	Judith Prakash, Kannan Ramesh, Sundaresh Menon
Charges / claim	Insolvency Law, Res Judicata
Outcome	Appeal dismissed
Counsel	Allen & Gledhill LLP, Shook Lin & Bok LLP, Alexander Lawrence Yeo Han Tiong, Chan Ming Onn David, Edwin Teong Ying Keat, Fong Zhiwei Daryl, Lai Wei Kang Louis, Mo Fei

Source: [2024] SGCA 7, Court of Appeal, decided 5 March 2024 — eLitigation. Updated 25 June 2026.

Catchwords

Insolvency Law — Winding up — Proof of debt — Liquidators seeking to set-off crossclaims as a basis for rejecting proof of debt — Whether liquidators generally entitled to set-off all crossclaims in the proof of debt process Res Judicata — Applicable principles — Creditor seeking a stay of the appeal in Singapore — Whether res judicata arose in the decision of a liquidator of a foreign company which was pending an appeal in another jurisdiction

Practice Areas

Insolvency Law Res Judicata

Judges (3)

Judith Prakash Coram Kannan Ramesh Delivered Sundaresh Menon Coram

Counsel (8)

Allen & Gledhill LLP Firm Shook Lin & Bok LLP Firm Alexander Lawrence Yeo Han Tiong Counsel Respondent Chan Ming Onn David Counsel Appellant Edwin Teong Ying Keat Counsel Respondent Fong Zhiwei Daryl Counsel Appellant Lai Wei Kang Louis Counsel Appellant Mo Fei Counsel Appellant

Parties (4)

Feima International (Hongkong) Ltd (In Liquidation) Respondent Kyen Resources Pte Ltd (in compulsory liquidation) Appellant Chan Kheng Tek Appellant Goh Thien Phong Appellant

Case Significance

Kyen Resources Pte Ltd (in compulsory liquidation) and others v Feima International (Hongkong) Ltd (In Liquidation) [2024] SGCA 7 was decided by the Court of Appeal on 5 March 2024, with Kannan Ramesh JAD delivering the grounds of decision of a coram that also comprised Sundaresh Menon CJ and Judith Prakash SJ. The matter arose from Civil Appeal No 4 of 2023 and Summons No 22 of 2023, in proceedings between the appellants Kyen Resources Pte Ltd, Chan Kheng Tek and Goh Thien Phong, and the respondent Feima International (Hongkong) Ltd, a foreign company in liquidation.

As framed by the catchwords, the judgment addressed two areas of insolvency law and procedure. The first concerned winding up and proof of debt, specifically whether liquidators are generally entitled to set off all crossclaims against an unsecured creditor's proof of debt where a set-off is not otherwise available. The second concerned res judicata, including whether a creditor was entitled to a stay of the Singapore appeal and whether res judicata arose from the decision of a liquidator of a foreign company that was pending appeal in another jurisdiction. The appellants were represented by Shook Lin & Bok LLP and the respondent by Allen & Gledhill LLP. The judgment cited four statutes, including the Insolvency, Restructuring and Dissolution Act, the Companies Act and the Bankruptcy Act.

[2024] SGCA 7 explained

KYEN RESOURCES PTE. LTD (IN COMPULSORY LIQUIDATION) & 2 Ors v FEIMA INTERNATIONAL (HONGKONG) LIMITED (IN LIQUIDATION) ([2024] SGCA 7) is a Singapore judgment decided by the Court of Appeal on 5 March 2024. It is categorised under Insolvency Law and Res Judicata. Within this corpus it has since been cited by 1 other reported Singapore judgment, a measure of how often later decisions have referred to it. 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 [2024] SGCA 7 about?

KYEN RESOURCES PTE. LTD (IN COMPULSORY LIQUIDATION) & 2 Ors v FEIMA INTERNATIONAL (HONGKONG) LIMITED (IN LIQUIDATION) ([2024] SGCA 7) is a Court of Appeal decision from 2024. Its published catchwords are “Insolvency Law — Winding up — Proof of debt — Liquidators seeking to set-off crossclaims as a basis for rejecting proof of debt — Whether liquidators generally entitled to set-off all crossclaims in the proof of debt process” and “Res Judicata — Applicable principles — Creditor seeking a stay of the appeal in Singapore — Whether res judicata arose in the decision of a liquidator of a foreign company which was pending an appeal in another jurisdiction”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2024] SGCA 7 consider?

The judgment refers to Bankruptcy Act (Cap 20), 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.

How influential is [2024] SGCA 7?

Within this corpus, [2024] SGCA 7 has been cited by 1 later reported Singapore judgment. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

What did Kyen Resources v Feima International [2024] SGCA 7 concern?

Decided by the Court of Appeal on 5 March 2024, the case concerned whether liquidators may set off all crossclaims when rejecting an unsecured creditor's proof of debt where set-off is unavailable, and whether res judicata arose from a foreign liquidator's decision pending appeal abroad.

Who were the parties and judges in [2024] SGCA 7?

The appellants were Kyen Resources Pte Ltd (in compulsory liquidation), Chan Kheng Tek and Goh Thien Phong; the respondent was Feima International (Hongkong) Ltd (In Liquidation). Kannan Ramesh JAD delivered the decision, sitting with Sundaresh Menon CJ and Judith Prakash SJ.

Which firms acted in Kyen Resources v Feima International ([2024] SGCA 7)?

Shook Lin & Bok LLP represented the appellants Kyen Resources, Chan Kheng Tek and Goh Thien Phong, while Allen & Gledhill LLP acted for the respondent Feima International (Hongkong) Ltd. The judgment cited four statutes, including the Insolvency, Restructuring and Dissolution Act.