Chan Kia Pheng

Associate Director
Advocate and Solicitor, Singapore

chankiapheng@lvmlawchambers.com 

Kia Pheng has practised litigation and dispute resolution for more than 25 years. He appears as counsel in both trial work and at appellate hearings in the Supreme Court as well as in arbitration proceedings. A number of his cases have been reported in the Singapore Law Reports.

Kia Pheng’s areas of practice include civil, corporate and commercial litigation, property-related disputes and employment disputes. For banking and insolvency matters, he acts for insolvency practitioners, banks and debtors also.

Case Highlights

  • Teo Chong Nghee Patrick and others v Han Cheng Fong and another(2014) – Acted for the defendants in a dispute arising from a joint venture formed to develop an eco-city project in China wherein allegations of conspiracy and breach of fiduciary duties were made against the defendants.
  • Car & Cars Pte Ltd v Volkswagen AG and another(2010) – Acted for the defendant Volkswagen entities against the former Singapore dealer for Volkswagen cars in resisting Singapore court proceedings brought against the Volkswagen entities in respect of agreements one of which contained an arbitration agreement
  • Neo Corp Pte Ltd (in liquidation) v NeoCorp Innovations Pte Ltd(2006) – Acted for a debtor in a landmark case where the court declared that a liquidator of the creditor company could not continue an action which was commenced by the judicial manager of the company at a time when the company was in judicial management before the onset of liquidation.
  • Ng Bok Eng Holdings Pte Ltd and another v Wong Ser Wan(2005) – Acted for a purchaser of property in an important decision on fraudulent conveyances under section 73B of the Conveyancing and Law of Property Act.
  • United Overseas Bank Ltd v Ng Huat Foundations Pte Ltd(2005) – Acted for a bank in resisting the debtor company’s application to stay the winding up proceedings commenced by the bank against it on the ground inter alia that the debtor company was in the process of appealing against a High Court order dismissing its application for a scheme of arrangement made under section 210 of the Companies Act.
  • National Skin Centre (Singapore) Pte Ltd v Eutech Cybernetics Pte Ltd(2001) – Acted for the plaintiff hospital in suing the defendant company which the hospital engaged to commission a computer system with customised software.
  • Re Tararone Investments Pte Ltd(2001) – Acted for a bank in a case where the court issued an important decision on the nature and scope of an “all monies” clause.
  • Low Peng Boon v Low Janie(1999) – Acted for the minority shareholder in a company who brought an oppression action against the majority shareholders under section 216 of the Companies Act. This case is notable for the Court of Appeal’s decision to order the company to be wound up despite the company being a solvent and profitable company.
  • Yeo Hung Khiang v Dickson Investment (Singapore) Pte Ltd(1999) – Acted for a party purchasing shares in a company pursuant to an order of court in respect of an oppression action under section 216 of the Companies Act wherein the central issue before the court was the correct method of valuation of the shares.

Appointments

  • Fellow, IPAS (Insolvency Practitioners Association of Singapore)
  • Member, INSOL International (International Association of Restructuring, Insolvency & Bankruptcy Professionals)
  • Member of the committee that was involved in drafting the proposed omnibus insolvency legislation in Singapore
  • Fellow, SIArb (Singapore Institute of Arbitrators)
  • Overseas Member, Chancery Bar Association

Publications

  • Co-authored the Singapore chapter of “Restructuring & Insolvency” of the publication, Getting The Deal Through (by Law Business Research), 2011 volume
  • Co-authored the chapter on “Money & Restitution” in Bullen & Leake, Singapore Precedents of Pleadings (2016)

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