SOLOMON LEW v KAIKHUSHRU SHIAVAX NARGOLWALA & 4 Ors [2020] SGHC(I) 2 (5 February 2020)

SOLOMON LEW v KAIKHUSHRU SHIAVAX NARGOLWALA & 4 Ors [2020] SGHC(I) 2 (5 February 2020)

No binding oral contract was concluded on 11 October 2017 as the Nargolwalas did not accept the offer unequivocally and required further clarification of terms. Mr Meury did not have actual or ostensible authority to bind the Nargolwalas to a sale. Consequently, there was no breach of contract or fiduciary duty, and no liability for inducement or accessory/recipient liability arose.

Citation
[2020] SGHC(I) 2
Parties
Plaintiff: Solomon Lew; 1st Defendant: Kaikhushru Shiavax Nargolwala; 2nd Defendant: Aparna Nargolwala; 3rd Defendant: Quo Vadis Investments Ltd; 4th Defendant: Christian Larpin; 5th Defendant: Querencia Ltd
Jurisdiction
Singapore
Judgment Date
05 February 2020
Procedural Posture
Commercial Suit / Judgment
Outcome
Plaintiff's claims dismissed
Legal Topics
Breach of Contract, Formation of Contract, Specific Performance, Agency Authority, Inducement of Breach, Accessory Liability, Recipient Liability
Contract Agency Tort Trusts Breach of Contract Formation of Contract Specific Performance Agency Authority +3 more

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Parties

Solomon Lew

Plaintiff

Kaikhushru Shiavax Nargolwala

1st Defendant

Aparna Nargolwala

2nd Defendant

Quo Vadis Investments Ltd

3rd Defendant

Christian Larpin

4th Defendant

Querencia Ltd

5th Defendant

Procedural Posture

Commercial Suit / Judgment

Legal Issues

  1. 1 Whether a binding oral contract for the sale of Villa 29 was concluded on 11 October 2017
  2. 2 Whether Mr Meury was authorised to act as agent for the Nargolwalas
  3. 3 Whether the Nargolwalas breached any contract or fiduciary duty to Mr Lew

Ratio Decidendi

No binding oral contract was concluded on 11 October 2017 as the Nargolwalas did not accept the offer unequivocally and required further clarification of terms. Mr Meury did not have actual or ostensible authority to bind the Nargolwalas to a sale. Consequently, there was no breach of contract or fiduciary duty, and no liability for inducement or accessory/recipient liability arose.

Court Disposition

Plaintiff's claims dismissed

Orders

  • Plaintiff's claim for specific performance is dismissed
  • Plaintiff's claim for damages is dismissed