Grande Corp v Cubix Group: Assessment of Damages for Breach of Fiduciary Duty and Fraudulent Misrepresentation
In a suit before the High Court of Singapore, Grande Corporation Pte Ltd sought assessment of damages against Cubix Group Pte Ltd, Toh Wee Ping Benjamin, Goh Bee Heong, and the AXXIS Companies following an earlier judgment that found the defendants liable for breach of fiduciary duties and fraudulent misrepresentation. The court assessed damages against the defendants, ordering them to pay the Loan Sum of S$291,288.00 and US$458,000, and the Sums Received of US$270,000 and US$600,000, plus costs and interest.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Judgment for the Plaintiff; damages assessed against the Defendants.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Assessment of damages after interlocutory judgment against Cubix Group, Ben, Bee, and AXXIS Companies for breach of fiduciary duties and fraudulent misrepresentation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Toh Wee Ping Benjamin | Defendant | Individual | Damages Assessed | Lost | |
| Goh Bee Heong | Defendant | Individual | Damages Assessed | Lost | |
| Grande Corporation Pte Ltd | Plaintiff | Corporation | Judgment for Plaintiff | Won | |
| Cubix Group Pte Ltd | Defendant | Corporation | Damages Assessed | Lost | |
| Cubix and Kosmic Pte Ltd | Defendant | Corporation | Neutral | Struck Out | |
| AXXIS Group Pte Ltd | Defendant | Corporation | Damages Assessed | Lost | |
| AXXIS International Pte Ltd | Defendant | Corporation | Damages Assessed | Lost | |
| AXXIS Pte Ltd | Defendant | Corporation | Damages Assessed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
4. Facts
- Grande Corp transferred funds to C&K for business operations and loans.
- Cubix Group, Ben, and Bee diverted funds intended for C&K to AXXIS Companies.
- Defendants made misrepresentations about matching funding contributions.
- Interlocutory judgment was entered against the defendants.
- Defendants' defenses were struck out due to breaches of court orders.
5. Formal Citations
- Grande Corp Pte Ltd v Cubix Group Pte Ltd and others, Suit No 331 of 2013 (Assessment of Damages No 23 of 2018), [2019] SGHC 146
6. Timeline
| Date | Event |
|---|---|
| Plaintiff applied for the Defences of Cubix Group and the AXXIS Companies to be struck out. | |
| Application to strike out the Defences of Cubix Group and the AXXIS Companies was allowed. | |
| Interlocutory judgment granted in favour of the plaintiff against Cubix Group and the AXXIS Companies with damages to be assessed. | |
| Assessment of damages hearing began. | |
| Assessment of damages hearing continued. | |
| Judgment reserved. | |
| Judgment issued. | |
| Interest accrues from this date. |
7. Legal Issues
- Breach of Fiduciary Duty
- Outcome: The court found the defendants liable for breach of fiduciary duty.
- Category: Substantive
- Sub-Issues:
- Diversion of funds
- Conflict of interest
- Fraudulent Misrepresentation
- Outcome: The court found the defendants liable for fraudulent misrepresentation.
- Category: Substantive
- Sub-Issues:
- False statements
- Reliance on misrepresentation
8. Remedies Sought
- Monetary Damages
- Account of Profits
9. Cause of Actions
- Breach of Contract
- Breach of Fiduciary Duty
- Fraudulent Misrepresentation
- Knowing Receipt
- Conspiracy
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Malcolmson v Mehta | High Court | Yes | [2001] 3 SLR(R) 379 | Singapore | Cited for the principle that defendants are taken to have admitted to all matters pleaded by the plaintiff in the statement of claim when their defences have been struck out. |
| Quality Assurance Management Asia Pte Ltd v Zhang Qing and others | High Court | Yes | [2013] 3 SLR 631 | Singapore | Cited for the principle that defendants are taken to have admitted to all matters pleaded by the plaintiff in the statement of claim when their defences have been struck out. |
| Grande Corporation Pte Ltd v Cubix International Pte Ltd and others | High Court | Yes | [2018] SGHC 13 | Singapore | The present judgment concerns only the assessment of damages following my earlier judgment in Grande Corporation Pte Ltd v Cubix International Pte Ltd and others [2018] SGHC 13 (“the striking out judgment”). |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Companies Act (Cap 50, 2006 Rev Ed) s 340 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Loan Sum
- Sums Received
- Interlocutory Judgment
- Striking Out
- Fiduciary Duty
- Fraudulent Misrepresentation
15.2 Keywords
- damages
- fiduciary duty
- fraudulent misrepresentation
- assessment
- singapore
- high court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Assessment of Damages | 95 |
| Damages | 90 |
| Fiduciary Duties | 80 |
| Fraud and Deceit | 70 |
| Contract Law | 60 |
| Civil Procedure | 50 |
| Company Law | 40 |
16. Subjects
- Contract Law
- Fiduciary Duty
- Fraud
- Damages Assessment