SINGAPORE COMMODITIES GROUP CO., PTE. LTD. v FOUNDER GROUP (HONG KONG) LIMITED (IN LIQUIDATION)

[2025] SGCA 35 Court of Appeal 21 July 2025 • CA/CA 47/2024 • 57 min read

13 cases cited (10 SG, 3 foreign)

Catchwords

Civil Procedure — Payments into and out of court

Practice Areas

Civil Procedure

Judges (3)

Ang Cheng Hock Delivered Kannan Ramesh Coram Steven Chong Coram

Counsel (9)

Allen & Gledhill LLP Firm Shook Lin & Bok LLP Firm Chu Shao Wei Jeremy Counsel Respondent Edwin Yang Yingrong Counsel Respondent Hoang Linh Trang Counsel Respondent Koh Zhen-Xi Benjamin Counsel Appellant Ong Boon Hwee William Counsel Appellant Sarjit Singh Gill Counsel Respondent Tang Jia Ding Justin Counsel Appellant

Parties (2)

Founder Group (Hong Kong) Limited (in liquidation) Respondent Singapore Commodities Group Co., Pte. Ltd. Appellant

Case Significance

[2025] SGCA 35 is a Court of Appeal decision dated 21 July 2025 concerning Civil Procedure, specifically addressing payments into and out of court. The judgment was delivered by Ang Cheng Hock, with Kannan Ramesh and Steven Chong on the coram. The case was brought by Singapore Commodities Group Co., Pte. Ltd. (appellant) against Founder Group (Hong Kong) Limited (in liquidation) (respondent). Legal representation was provided by Allen & Gledhill LLP and Shook Lin & Bok LLP. The judgment cites 13 cases (10 Singapore, 3 foreign) and references 4 statutory provisions, including the Companies Act, the Insolvency Act, and the Insolvency.

Summary

Singapore Commodities Group appealed against an order directing payment out of moneys held in court to its purported creditor, Founder Group (Hong Kong), in the context of a pending winding-up application filed by Founder Group. The key issue was whether the payment-out order was properly made given insolvency considerations, including the anti-disposition rule under s 130(1) of the Insolvency, Restructuring and Dissolution Act. The Court of Appeal allowed the appeal, finding that the payment into court and subsequent payment-out order had not been properly considered in light of the insolvency framework.

What was decided in [2025] SGCA 35?

[2025] SGCA 35 (SINGAPORE COMMODITIES GROUP CO., PTE. LTD. v FOUNDER GROUP (HONG KONG) LIMITED (IN LIQUIDATION)) is a Court of Appeal decision from 21 July 2025 addressing Civil Procedure, specifically payments into and out of court. The judgment was delivered by Ang Cheng Hock.

Who were the parties in SINGAPORE COMMODITIES GROUP CO., PTE. LTD. v FOUNDER GROUP (HONG KONG) LIMITED (IN LIQUIDATION)?

The appellant in [2025] SGCA 35 was Singapore Commodities Group Co., Pte. Ltd., and the respondent was Founder Group (Hong Kong) Limited (in liquidation). Legal representation included Shook Lin & Bok LLP and Allen & Gledhill LLP. The case was decided on 21 July 2025 in the Court of Appeal.

Which judge decided [2025] SGCA 35?

[2025] SGCA 35 was delivered by Ang Cheng Hock in the Court of Appeal on 21 July 2025. Kannan Ramesh and Steven Chong also sat on the coram. The case concerned Civil Procedure.

What cases and statutes does [2025] SGCA 35 cite?

[2025] SGCA 35 cites 13 prior decisions, including 3 from foreign jurisdictions. It references Companies Act, Insolvency Act, Insolvency.

Statutes Cited

Companies Act (Cap 50)

s 257(2)(f)

Insolvency Act

s 127(1)

Insolvency, Restructuring and Dissolution Act

Restructuring and Dissolution Act

Cases Cited (13)

SG (1)

[2024] SGHC 280

SLR (9)

[2008] 2 SLR(R) 491 [2012] 3 SLR 1003 [2014] 2 SLR 1285 [2014] 3 SLR 857 [2017] 3 SLR 513 [2020] 1 SLR 1158 [2021] 2 SLR 510 [2023] 2 SLR 554 [2024] 2 SLR 790

UK (3)

[1897] 2 QB 516 [1900] 2 QB 211 [2016] 1 WLR 4783

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2025] SGCA 35)