Sim Kim Seng v New West Coast Shipyard: Summary Judgment & Quantum Meruit

Sim Kim Seng (trading as Kim Seng Ship Building) sued New West Coast Shipyard Pte Ltd in the High Court of Singapore, seeking $333,300 for work done on a quantum meruit basis. The Assistant Registrar dismissed the plaintiff's application for summary judgment, granting the defendant unconditional leave to defend, finding that there were triable issues regarding the reasonableness of the sum claimed.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Plaintiff's application for summary judgment dismissed; Defendant granted unconditional leave to defend.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Summary judgment application for $333,300 on a quantum meruit basis. The court dismissed the application, granting the defendant unconditional leave to defend.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Sim Kim Seng (trading as Kim Seng Ship Building)Plaintiff, ApplicantIndividualApplication DismissedDismissed
New West Coast Shipyard Pte LtdDefendant, RespondentCorporationLeave to Defend GrantedWon

3. Judges

Judge NameTitleDelivered Judgment
Justin YeoAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Cheryl YeoTimothy Ng LLC
Timothy NgTimothy Ng LLC
Prabhakaran NairDerrick Wong & Lim BC LLP
Teo Li MeiDerrick Wong & Lim BC LLP

4. Facts

  1. The Plaintiff was the Defendant’s steel works contractor.
  2. The Defendant engaged the Plaintiff to carry out steel works to eight vessels docking at the Defendant’s shipyard.
  3. The Plaintiff issued the Defendant eight invoices for a total amount of $333,300.
  4. There was neither any prior discussion between the parties on remuneration for the Plaintiff’s services, nor any written contract between the Plaintiff and the Defendant.
  5. The relevant repair works for all eight vessels were completed in December 2014.
  6. The Defendant’s representative had crossed out the original amounts on the invoices and inscribed lower amounts by hand.
  7. The Defendant contended that the sum claimed was unreasonable and excessive given that it was the Defendant that had provided the raw materials for the work.

5. Formal Citations

  1. Sim Kim Seng (trading as Kim Seng Ship Building) v New West Coast Shipyard Pte Ltd, HC/S 1143 of 2015, [2016] SGHCR 2

6. Timeline

DateEvent
Invoice issued for Naniwa Maru No. 1
Invoices issued for SSE Camelia, Pentrader, Star Emerald, and PTC-7
Invoice issued for PNG Express
Invoice issued for North West Pride
Invoice issued for Coasta
Repair works completed for all eight vessels
Plaintiff commenced suit against Defendant
Hearing date
Judgment date

7. Legal Issues

  1. Summary Judgment
    • Outcome: The court dismissed the plaintiff's application for summary judgment, finding that the defendant had raised triable issues.
    • Category: Procedural
    • Related Cases:
      • [2015] 4 SLR 250
      • [2003] 3 SLR(R) 32
      • [1997] FSR 580
  2. Quantum Meruit
    • Outcome: The court found that there were triable issues regarding the reasonableness of the sum claimed on a quantum meruit basis.
    • Category: Substantive
    • Related Cases:
      • [2010] SGHC 319
      • [2007] 2 SLR(R) 655
      • [2014] AC 938

8. Remedies Sought

  1. Monetary Damages
  2. Summary Judgment

9. Cause of Actions

  • Quantum Meruit

10. Practice Areas

  • Commercial Litigation
  • Construction Law
  • Shipbuilding Contracts

11. Industries

  • Shipbuilding
  • Shipping

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Wee Cheng Swee Henry v Jo Baby Kartika PolimHigh CourtYes[2015] 4 SLR 250SingaporeCited for the principles governing summary judgment applications, specifically the defendant's burden to show a triable issue.
Goh Chok Tong v Chee Soon JuanHigh CourtYes[2003] 3 SLR(R) 32SingaporeCited regarding the court's assessment of the credibility of a defence in a summary judgment application.
Microsoft Corporation v Electro-Wide LimitedN/AYes[1997] FSR 580N/ACited regarding the court looking at the complete account of events put forth by the parties.
Ngai Heng Book Binder v Syntax ComputerHigh CourtYes[1988] 1 SLR(R) 209SingaporeCited by the Defendant to argue that the Plaintiff's application falls foul of the requirements for a summary judgment application. The court disagreed with the Defendant's argument.
MGA International Pte Ltd v Wajilam Exports (Singapore) Pte LtdHigh CourtYes[2010] SGHC 319SingaporeCited for the distinction between contractual and restitutionary quantum meruit.
Rabiah Bee bte Mohamed Ibrahim v Salem IbrahimHigh CourtYes[2007] 2 SLR(R) 655SingaporeCited for the distinction between contractual and restitutionary quantum meruit.
Benedetti and another v Sawiris and othersUK Supreme CourtYes[2014] AC 938United KingdomCited for the distinction between contractual and restitutionary quantum meruit.
Lloyds Bank Ltd v Ellis-Fewster and anotherCourt of AppealYes[1983] 1 WLR 559England and WalesCited by the Defendant as an example in which the court granted summary judgment over part of a claim. The court distinguished this case.

13. Applicable Rules

Rule Name
O 14 of the Rules of Court
O 14 rr 3(1) and 7 of the Rules of Court
O 14 r 3(1) of the Rules of Court
O 14 r 1 of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R 5, 2006 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Summary Judgment
  • Quantum Meruit
  • Steel Works
  • Ship Repair
  • Invoices
  • Triable Issues
  • Customary Practice
  • Course of Dealings

15.2 Keywords

  • summary judgment
  • quantum meruit
  • shipbuilding
  • contract
  • singapore

17. Areas of Law

Area NameRelevance Score
Quantum meruit95
Summary Judgement90
Contract Law85
Civil Practice70
Contractual terms60
Shipbuilding50
Performance of Contract40
Shipping Law30
Construction Law30

16. Subjects

  • Contract Law
  • Civil Procedure
  • Shipping Law