XIANG DA MARINE PTE. LTD. (IN CREDITORS' VOLUNTARY LIQUIDATION) & ANOR V ZHANG XIANMING & 4 ORS

Q: Which legislation does [2023] SGHCR 15 consider?

The judgment refers to Bankruptcy Act (Cap 20) and Companies Act (Cap 50). The statutes cited are listed in full on this page, each linking to its primary text.

[2023] SGHCR 15 High Court Registrar 7 September 2023 HC/OC 194/2023 ( HC/SUM 1967/2023,HC/SUM 1965/2023 ) 58 min read

17 cases cited Cited by 1 case

Key facts

Court	High Court Registrar
Decided	7 September 2023
Judge	Perry Peh
Charges / claim	Civil Procedure, Insolvency Law
Counsel	Alcove Law LLC, Helmsman LLC, Anthony Soh, Huang Peide, Iris Ng, Una Khng

Source: [2023] SGHCR 15, High Court Registrar, decided 7 September 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Civil Procedure — Striking out Insolvency Law — Avoidance of transactions — Transactions at an undervalue

Practice Areas

Civil Procedure Insolvency Law

Judges (1)

Perry Peh Delivered

Counsel (6)

Alcove Law LLC Firm Helmsman LLC Firm Anthony Soh Counsel Claimant Huang Peide Counsel Defendant Iris Ng Counsel Defendant Una Khng Counsel Defendant

Parties (7)

Fu Ning Marine Pte Ltd Defendant Ji Ning Marine Pte Ltd Defendant Qing Ning Marine Pte Ltd Defendant Xiang Da Marine Pte Ltd (in creditors’ voluntary liquidation) Claimant Farooq Ahmad Mann Claimant Wu Jianshi Defendant Zhang Xianming Defendant

Case Significance

Xiang Da Marine Pte Ltd (in creditors' voluntary liquidation) and another v Zhang Xianming and others [2023] SGHCR 15 is a reserved judgment of AR Perry Peh in the General Division of the High Court, delivered on 7 September 2023 in Originating Claim No 194 of 2023 (Summonses Nos 1965 and 1967 of 2023). The claimants, Xiang Da Marine Pte Ltd (in creditors' voluntary liquidation) and its liquidator Farooq Ahmad Mann, alleged that assets transferred to the third to fifth defendants, Fu Ning Marine, Ji Ning Marine and Qing Ning Marine Pte Ltd, were transactions at an undervalue under s 98(3)(a) and/or s 98(3)(c) of the Bankruptcy Act read with s 329 of the Companies Act. By SUM 1965, those defendants applied to strike out the claims under O 9 r 16 of the Rules of Court 2021, with SUM 1967 sought in the alternative; the judgment addresses the striking-out application.

[2023] SGHCR 15 explained

XIANG DA MARINE PTE. LTD. (IN CREDITORS' VOLUNTARY LIQUIDATION) & ANOR V ZHANG XIANMING & 4 ORS ([2023] SGHCR 15) is a Singapore judgment decided by the High Court Registrar on 7 September 2023. It is categorised under Civil Procedure and Insolvency Law. 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 [2023] SGHCR 15 about?

XIANG DA MARINE PTE. LTD. (IN CREDITORS' VOLUNTARY LIQUIDATION) & ANOR V ZHANG XIANMING & 4 ORS ([2023] SGHCR 15) is a High Court Registrar decision from 2023. Its published catchwords are “Civil Procedure — Striking out” and “Insolvency Law — Avoidance of transactions — Transactions at an undervalue”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGHCR 15 consider?

The judgment refers to Bankruptcy Act (Cap 20) and Companies Act (Cap 50). The statutes cited are listed in full on this page, each linking to its primary text.

What earlier Singapore cases does [2023] SGHCR 15 cite?

Among the in-corpus authorities it refers to are [2023] SGHC 160. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.

How influential is [2023] SGHCR 15?

Within this corpus, [2023] SGHCR 15 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.

Summary

The liquidator of Xiang Da Marine Pte Ltd, a ship-management company in creditors' voluntary liquidation, sued to recover assets transferred to three related companies, alleging transactions at an undervalue under the Bankruptcy Act read with the Companies Act. Those defendants applied to strike out the claims and, alternatively, for security for costs. The Assistant Registrar examined whether the statement of claim disclosed a reasonable cause of action, finding no material facts pleaded to support a breach of duty independent of the undervalue allegation.

What was Xiang Da Marine v Zhang Xianming [2023] SGHCR 15 about?

It was a striking-out application by the third to fifth defendants before AR Perry Peh, in a claim by Xiang Da Marine Pte Ltd (in liquidation) and liquidator Farooq Ahmad Mann alleging transactions at an undervalue, decided on 7 September 2023.

What was the legal basis for the claims in [2023] SGHCR 15?

The claimants alleged the first claimant's asset transfers to Fu Ning, Ji Ning and Qing Ning Marine Pte Ltd were transactions at an undervalue under s 98(3)(a) and/or s 98(3)(c) of the Bankruptcy Act read with s 329 of the Companies Act.

Statutes Cited

Bankruptcy Act (Cap 20) Cases on this Act →

s 100(1)(a) s 98 s 98(3) s 98(3)(a) s 98(3)(c)

Companies Act (Cap 50) Cases on this Act →

s 329 s 329(1) s 340(1) s 388(1)

Cases Cited (17)

SG (5)

[2011] SGHC 228 [2017] SGHC 15 [2019] SGHC 228 [2022] SGHC 225 [2023] SGHC 160

SLR (12)

[1997] 3 SLR(R) 649 [2003] 4 SLR(R) 667 [2004] 1 SLR(R) 434 [2005] 1 SLR(R) 154 [2006] 4 SLR(R) 817 [2012] 4 SLR 546 [2015] 1 SLR 875 [2015] 5 SLR 1422 [2016] 2 SLR 1178 [2017] 3 SLR 559 [2022] 2 SLR 1018 [2022] 2 SLR 158