Lee Siong Kee v Beng Tiong Trading: Breach of Contract & Agency Agreement Dispute
In Lee Siong Kee v Beng Tiong Trading, Import and Export (1988) Pte Ltd, the High Court of Singapore heard a claim by Lee Siong Kee against Beng Tiong Trading for breach of contract and wrongful repudiation of an agency agreement, with an alternative claim for quantum meruit. Beng Tiong Trading denied the claims and counterclaimed for the return of an advance paid under the agreement. The court dismissed Lee Siong Kee's claims and granted judgment for Beng Tiong Trading on its counterclaim, finding that Lee Siong Kee had not been prevented from fulfilling his obligations under the agreement due to any breach by Beng Tiong Trading.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Claims dismissed; judgment for Defendant on counterclaim.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Lee Siong Kee's claim for breach of contract and wrongful repudiation against Beng Tiong Trading was dismissed. Beng Tiong's counterclaim for advance repayment was granted.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lee Siong Kee | Plaintiff | Individual | Claim Dismissed | Lost | Gregory Vijayendran, Julia Eng |
| Beng Tiong Trading, Import and Export (1988) Pte Ltd | Defendant | Corporation | Judgment on Counterclaim | Won | Stanley Wong |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lim Teong Qwee | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Gregory Vijayendran | Wong Partnership |
| Julia Eng | Wong Partnership |
| Stanley Wong | Jing Quee & Chin Joo |
4. Facts
- Lee Siong Kee and Beng Tiong Trading entered into an agency agreement on 10 August 1993.
- Lee Siong Kee was to secure the sale of properties to Beng Tiong Trading for $8,260,000.
- Beng Tiong Trading agreed to pay Lee Siong Kee $4,640,000 for his services.
- Beng Tiong Trading paid Lee Siong Kee an initial advance of $250,000.
- Beng Tiong Trading subsequently paid Lee Siong Kee an additional $110,000 as an advance.
- Lee Siong Kee requested an additional advance of $40,000, which Beng Tiong Trading did not pay.
- Beng Tiong Trading's managing director met with some of the beneficiaries without Lee Siong Kee's consent.
5. Formal Citations
- Lee Siong Kee v Beng Tiong Trading, Import and Export (1988) Pte Ltd, Suit 1594/1999, [2000] SGHC 132
6. Timeline
| Date | Event |
|---|---|
| Shaik Ahmad died. | |
| Agency agreement signed between Lee Siong Kee and Beng Tiong Trading. | |
| Beneficiaries signed agreement consenting to sale of properties. | |
| Beneficiaries wrote to Public Trustee cancelling prior trustee appointments. | |
| Lee Siong Kee requested an advance from Beng Tiong Trading. | |
| Lee Siong Kee requested and demanded payment of the balance of the advance. | |
| Deadline for Lee Siong Kee to secure estate's execution of sale agreement. | |
| Lee Siong Kee instituted legal proceedings against certain parties in Suit No 1550 of 1994. | |
| Judgment in default of appearance entered in Suit No 1550 of 1994. | |
| Judgment issued. |
7. Legal Issues
- Breach of Contract
- Outcome: The court found that Beng Tiong Trading breached the contract by failing to make the full advance payment and by interacting with the beneficiaries without Lee Siong Kee's consent. However, the court also found that these breaches did not cause Lee Siong Kee's failure to secure the sale agreement.
- Category: Substantive
- Sub-Issues:
- Failure to make advances
- Non-interaction with beneficiaries
- Wrongful Repudiation
- Outcome: The court found that Lee Siong Kee had affirmed the agency agreement after the alleged repudiatory breaches by Beng Tiong Trading, and therefore could not claim wrongful repudiation.
- Category: Substantive
- Quantum Meruit
- Outcome: The court rejected the quantum meruit claim, finding that Beng Tiong Trading did not receive any benefit from Lee Siong Kee's partial performance under the agency agreement.
- Category: Substantive
8. Remedies Sought
- Damages for Breach of Contract
- Damages for Wrongful Repudiation
- Reasonable Sum for Work Done (Quantum Meruit)
9. Cause of Actions
- Breach of Contract
- Wrongful Repudiation
- Quantum Meruit
10. Practice Areas
- Commercial Litigation
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Vitol SA v Norelf Ltd, The Santa Clara | N/A | Yes | [1996] AC 800 | N/A | Cited for the principle that an aggrieved party has an election to accept the repudiation or to affirm the contract. |
| Gold Coin Ltd v Tay Kim Wee | N/A | Yes | [1986] SLR 68 | Singapore | Cited regarding the nature of a quantum meruit claim. |
| Way v Latilla | N/A | Yes | [1973] 3 All ER 759 | N/A | Cited regarding reasonable remuneration on the implied contract to pay quantum meruit. |
| Luxor (Eastbourne) Ld v Cooper | N/A | Yes | [1941] AC 108 | N/A | Cited regarding the nature of a quasi-contractual claim. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Agency Agreement
- Beneficiaries
- Legal Personal Representatives
- Originating Summons
- Repudiatory Breach
- Quantum Meruit
- Non-Interaction Term
- Advances
15.2 Keywords
- breach of contract
- agency agreement
- wrongful repudiation
- quantum meruit
- property sale
- singapore
- high court
16. Subjects
- Contract Law
- Agency Law
- Civil Litigation
17. Areas of Law
- Contract Law
- Agency Law