Poly Resources v Brani Readymixed: Granite Supply Dispute over Quantity and Delivery
In Suit 1645/1998, Poly Resources Pte Ltd sued Brani Readymixed Pte Ltd in the High Court of Singapore, claiming an unpaid balance for granite aggregate supplied. Brani counterclaimed for damages, alleging Poly Resources failed to deliver the agreed quantity. Lim Teong Qwee JC ruled in favor of Poly Resources on its claim and for Brani on its counterclaim, ordering a set-off and interest. The court found Poly Resources in breach of contract for failing to deliver the agreed quantity of granite aggregate, leading to damages for Brani.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Brani Readymixed on its counterclaim for damages.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Poly Resources sued Brani Readymixed for unpaid granite aggregate, while Brani counterclaimed for failure to deliver. The court ruled for Brani on its counterclaim, citing breach of contract.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Poly Resources Pte Ltd | Plaintiff | Corporation | Judgment for Plaintiff | Won | S Appadurai, Lim Hsiao Kang |
| Brani Readymixed Pte Ltd | Defendant | Corporation | Judgment for Defendant on Counterclaim | Won | George Lim, Jinny Tan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lim Teong Qwee | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| S Appadurai | Haridass Ho & Partners |
| Lim Hsiao Kang | Haridass Ho & Partners |
| George Lim | Wee Tay & Lim |
| Jinny Tan | Wee Tay & Lim |
4. Facts
- Poly Resources agreed to supply Brani Readymixed with granite aggregate from September 1995 to August 1997.
- The agreement specified a quantity of 7,000 metric tons per month, delivered in four barge loads.
- Poly Resources did not operate its own quarry but sourced aggregate from Pulau Karimun.
- Brani maintained a stockpile of granite aggregate to ensure ready supplies.
- Poly Resources alleged Brani failed to order or take delivery of the full quantity each month.
- Brani counterclaimed, alleging Poly Resources failed to supply the agreed quantities.
- Poly Resources delivered less than the agreed quantity in several months.
5. Formal Citations
- Poly Resources Pte Ltd v Brani Readymixed Pte Ltd, , [2000] SGHC 289
6. Timeline
| Date | Event |
|---|---|
| Poly Resources offered to supply granite aggregate to Brani Readymixed. | |
| Contract duration began. | |
| Brani informed Poly Resources of increased concrete quantity requirements. | |
| Poly Resources proposed reducing the contractual amount to 3,200 metric tons per month. | |
| Brani stated they would order an average quantity of 7,000 metric tons each month. | |
| Poly Resources stated they would supply 3,200 metric tons each month. | |
| Brani stated they would draw the average quantity of 7,000 metric tons per month. | |
| Brani requested Poly Resources to supply one barge of aggregate per week. | |
| Contract duration ended. | |
| Original counterclaim was filed. | |
| Judgment given for Poly Resources on its claim and for Brani on its counterclaim. | |
| Decision Date |
7. Legal Issues
- Breach of Contract
- Outcome: The court found that Poly Resources was in breach of contract for failing to deliver the agreed quantity of granite aggregate.
- Category: Substantive
- Sub-Issues:
- Failure to deliver contract quantities
- Implied Terms
- Outcome: The court found that there was no implied term as to placing orders in terms as alleged in the statement of claim or as alleged in the defence.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Sale of Goods Act 1979 | England |
15. Key Terms and Keywords
15.1 Key Terms
- Granite aggregate
- Barge loads
- Metric tons
- Ex-jetty price
- Ready-mix concrete
- Draft displacement chart
- Barge Record Form
15.2 Keywords
- granite
- aggregate
- supply
- breach of contract
- damages
- construction
- readymixed
16. Subjects
- Contract Dispute
- Supply Agreement
17. Areas of Law
- Contract Law
- Sale of Goods