Sim Kim Seng (trading as Kim Seng Ship Building) v New West Coast Shipyard Pte Ltd

Sim Kim Seng (trading as Kim Seng Ship Building) v New West Coast Shipyard Pte Ltd

Summary judgment was refused because there existed triable issues as to the reasonableness and valuation of the quantum meruit claim and whether the defendant's handwritten reductions amounted to certification; the court cannot objectively assess and fix a reasonable quantum meruit sum at summary stage absent agreement or clear admission on the specific amounts, therefore defendant granted unconditional leave to defend.

Citation
[2016] SGHCR 2
Parties
Plaintiff / Applicant: Sim Kim Seng (trading as Kim Seng Ship Building); Defendant / Respondent: New West Coast Shipyard Pte Ltd
Court
High Court Registrar
Jurisdiction
Singapore
Judgment Date
3 February 2016
Case Number
HC/S 1143/2015
Procedural Posture
Civil (summary Judgment) / Application Under O 14 of the Rules of Court (summary Judgment)
Outcome
Summary judgment application dismissed; defendant granted unconditional leave to defend; costs in the cause.
Legal Topics
Summary Judgment, Quantum Meruit, Industry Custom, Course of Dealings, Certification/endorsement of Invoices
Source Language
English
Civil Procedure Contract Restitution Commercial Law Summary Judgment Quantum Meruit Industry Custom Course of Dealings +1 more

Case Brief

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Parties

Sim Kim Seng (trading as Kim Seng Ship Building)

Plaintiff / Applicant

New West Coast Shipyard Pte Ltd

Defendant / Respondent

Procedural Posture

Civil (summary Judgment) / Application Under O 14 of the Rules of Court (summary Judgment)

Legal Issues

  1. 1 Whether plaintiff established a prima facie case for sums claimed on invoices
  2. 2 Whether defendant raised triable issues sufficient to defeat summary judgment
  3. 3 Whether defendant's handwritten reductions on invoices amounted to certification/admission of a lower reasonable sum

Ratio Decidendi

Summary judgment was refused because there existed triable issues as to the reasonableness and valuation of the quantum meruit claim and whether the defendant's handwritten reductions amounted to certification; the court cannot objectively assess and fix a reasonable quantum meruit sum at summary stage absent agreement or clear admission on the specific amounts, therefore defendant granted unconditional leave to defend.

Court Disposition

Summary judgment application dismissed; defendant granted unconditional leave to defend; costs in the cause.

Orders

  • Summary judgment dismissed
  • Defendant granted unconditional leave to defend