B2C2 LTD v QUOINE PTE. LTD. [2019] SGHC(I) 6 (14 May 2019)

B2C2 LTD v QUOINE PTE. LTD. [2019] SGHC(I) 6 (14 May 2019)

The plaintiff is not entitled to both damages for breach of contract and equitable compensation for breach of trust for the same loss; these are alternative remedies. There is no need for an account of trust assets as the assets are not in dispute. The plaintiff's right to elect between remedies and the timing of such election require further pleadings and hearing. No indemnity is appropriate beyond financial relief. No stay of assessment or costs is granted, but defendant may apply for terms or stay of payment post-assessment if justified.

Citation
[2019] SGHC(I) 6
Parties
Plaintiff: B2C2 Ltd; Defendant: Quoine Pte Ltd
Jurisdiction
Singapore
Judgment Date
14 May 2019
Procedural Posture
Commercial Suit / Post Trial Judgment on Remedies and Consequential Orders
Outcome
Plaintiff entitled to damages for breach of contract or equitable compensation for breach of trust, subject to election after further hearing; no cumulative remedies; no indemnity; no stay of assessment or costs, but liberty to apply for stay or terms post-assessment; further directions for pleadings and case...
Legal Topics
Stay of Proceedings, Remedies, Damages, Equitable Compensation
Civil Procedure Contract Equity Stay of Proceedings Remedies Damages Equitable Compensation

Case Brief

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Parties

B2C2 Ltd

Plaintiff

Quoine Pte Ltd

Defendant

Procedural Posture

Commercial Suit / Post Trial Judgment on Remedies and Consequential Orders

Legal Issues

  1. 1 Whether the plaintiff is entitled to an account of trust assets in addition to damages for breach of contract
  2. 2 Whether the plaintiff can claim both common law damages and equitable compensation for the same loss
  3. 3 Whether the plaintiff is entitled to elect between common law and equitable remedies and the timing of such election

Ratio Decidendi

The plaintiff is not entitled to both damages for breach of contract and equitable compensation for breach of trust for the same loss; these are alternative remedies. There is no need for an account of trust assets as the assets are not in dispute. The plaintiff's right to elect between remedies and the timing of such election require further pleadings and hearing. No indemnity is appropriate beyond financial relief. No stay of assessment or costs is granted, but defendant may apply for terms or stay of payment post-assessment if justified.

Court Disposition

Plaintiff entitled to damages for breach of contract or equitable compensation for breach of trust, subject to election after further hearing; no cumulative remedies; no indemnity; no stay of assessment or costs, but liberty to apply for stay or terms post-assessment; further directions for pleadings and case...

Orders

  • Paragraphs seeking account of trust assets and indemnity deleted from plaintiff's draft order.
  • Defendant liable to pay plaintiff damages for breach of contract or equitable compensation for breach of trust, subject to plaintiff's election after further hearing and assessment if not agreed.