Aries Telecoms v ViewQwest: Conversion Claim & Entitlement to Account of Profits

Aries Telecoms (M) Berhad appealed against a High Court decision regarding the nature of damages it was entitled to claim from ViewQwest Private Limited for conversion. The High Court had determined that Aries Telecoms was not entitled to disgorgement of profits or punitive damages. The Court of Appeal allowed the appeal, finding that the High Court had erred by deciding disputed questions of fact in an O 14 r 12 application. The Court of Appeal dismissed Summons 5786 and ordered Aries Telecoms to bear the costs of the proceedings in the court below.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Oral Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding a conversion claim. The court held that the High Court erred by deciding disputed facts in an O 14 r 12 application.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Fiberail Sdn BhdThird PartyCorporation
ViewQwest Private LimitedRespondent, DefendantCorporationAppeal DismissedLost
ARIES TELECOMS (M) BERHAD (FORMERLY KNOWN AS V TELECOMS BERHAD)Appellant, PlaintiffCorporationAppeal AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Andrew Phang Boon LeongJudge of AppealYes
Tay Yong KwangJudge of AppealNo
Steven ChongJudge of AppealNo

4. Counsels

Counsel NameOrganization
Sze Kian ChuanJoseph Tan Jude Benny LLP
Loh Hui Chen NicolaJoseph Tan Jude Benny LLP
Troy Yeo Siew ChyeChye Legal Practice

4. Facts

  1. Aries Telecoms obtained interlocutory judgment against ViewQwest for conversion.
  2. The conversion involved ViewQwest retaining and using IT equipment belonging to Aries Telecoms.
  3. Aries Telecoms sought a determination on the nature of damages it was entitled to claim.
  4. The High Court held that Aries Telecoms was not entitled to disgorgement of profits or punitive damages.
  5. The High Court made factual findings regarding ViewQwest's belief about the equipment's ownership.
  6. The Court of Appeal found that the High Court decided disputed questions of fact in an O 14 r 12 application.
  7. The Court of Appeal allowed the appeal and set aside the High Court's decision.

5. Formal Citations

  1. Aries Telecoms (M) BhdvViewQwest Pte Ltd, , [2017] SGCA 67
  2. Aries Telecoms (M) Bhd v ViewQwest Pte Ltd (Fiberail Sdn Bhd, third party), , [2017] SGHC 124

6. Timeline

DateEvent
Suit No 860 of 2013 filed
Summons No 5786 of 2016 taken out
Judgment reserved
Oral Judgment delivered

7. Legal Issues

  1. Entitlement to Account of Profits
    • Outcome: The court did not make a determination on the entitlement to account of profits, as the issue involved disputed questions of fact that were not suitable for determination in an O 14 r 12 application.
    • Category: Substantive
  2. Propriety of Determining Disputed Facts in O 14 r 12 Application
    • Outcome: The court held that the High Court erred by deciding disputed questions of fact in an O 14 r 12 application.
    • Category: Procedural

8. Remedies Sought

  1. Account of Profits
  2. Disgorgement of Profits
  3. Punitive Damages
  4. Exemplary Damages
  5. Aggravated Damages

9. Cause of Actions

  • Conversion

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Telecommunications

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Aries Telecoms (M) Bhd v ViewQwest Pte Ltd (Fiberail Sdn Bhd, third party)High CourtYes[2017] SGHC 124SingaporeCited as the judgment under appeal, where the High Court judge decided disputed questions of fact in an O 14 r 12 application.
ACB v Thomson Medical Pte Ltd and othersCourt of AppealYes[2017] 1 SLR 918SingaporeCited for establishing the law on punitive and exemplary damages in torts.

13. Applicable Rules

Rule Name
O 14 r 12 of the Rules of Court
O 18 r 19 of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R 5, 2014 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Conversion
  • Account of Profits
  • Disgorgement of Profits
  • O 14 r 12
  • Rules of Court
  • Interlocutory Judgment
  • Assessment of Damages
  • Approbation and Reprobation

15.2 Keywords

  • Conversion
  • Account of Profits
  • O 14 r 12
  • Civil Procedure
  • Singapore
  • Appeal

17. Areas of Law

Area NameRelevance Score
Damages90
Civil Procedure80
Civil Practice80
Torts70
Remedies70
Commercial Law30
Breach of Contract20

16. Subjects

  • Civil Procedure
  • Tort Law
  • Conversion
  • Damages