KCC v Anti Corrosion: Defective Paint Claim & Damages Assessment

KCC (Singapore) Pte Ltd, a paint manufacturer, sued Anti Corrosion Pte Ltd for $14,595.10, the outstanding balance for paint supplied. Anti Corrosion counterclaimed for damages, alleging that the paint supplied by KCC was defective, causing severe fading and requiring them to repaint a project. The High Court of Singapore ruled in favor of Anti Corrosion on the counterclaim, ordering interlocutory judgment against KCC for damages to be assessed by the Registrar. KCC's claim was awarded, but Anti Corrosion was awarded 90% of the trial costs.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Interlocutory judgment entered against the Plaintiffs for damages to be assessed by the Registrar.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Paint manufacturer KCC sued Anti Corrosion for unpaid balance. Anti Corrosion counterclaimed for damages due to defective paint, leading to a judgment for Anti Corrosion.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Anti-Corrosion Pte LtdDefendantCorporationInterlocutory judgment entered against the Plaintiffs for damages to be assessed by the Registrar.Won
KCC (Singapore) Pte LtdPlaintiffCorporationJudgment for PlaintiffWon

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Raymond LyeTay Lye & Ngaw Partnership
Alvin ChangTay Lye & Ngaw Partnership
Aqbal SinghChan Ng Aqbal

4. Facts

  1. The Plaintiffs, paint manufacturers, claimed $14,595.10 as the balance price of paint supplied to the Defendants.
  2. The Defendants counterclaimed for damages caused by the Plaintiffs’ defective external paint.
  3. The Defendants were awarded a contract to paint twelve blocks of factory buildings at Shun Li Industrial Park Phase 1.
  4. The Defendants awarded the contract for the supply of external paint for the project to the Plaintiffs.
  5. The Defendants alleged that the paint supplied by the Plaintiffs was inherently defective as it suffered from severe fading.
  6. The Defendants were required by the main contractors to repaint the external walls of the project.
  7. The Plaintiffs' WP 345 paint did not have SS 345 certification.

5. Formal Citations

  1. KCC (Singapore) Pte Ltd v Anti Corrosion Pte Ltd, Suit 773/2000, [2001] SGHC 133

6. Timeline

DateEvent
Purchase Order dated for the supply of external paint for the project to the Plaintiffs.
Original painting works completed.
Purchasers of units began moving in.
Mohd Yusof started noticing the fading paintwork on the external walls.
Koh Soo Lip became the Building Manager of Sin Soon Lee Industrial Park Pte Ltd.
Koh sent a letter to ESL to ask them to make good the faded paintwork.
ESL wrote to the Defendants regarding the fading paint.
Vincent Lim wrote to the Plaintiffs asking them to send a technician to the project site.
Vincent Lim sent an urgent reminder to the Plaintiffs.
Koh sent a reminder to ESL.
Vincent Lim wrote a further letter to the Plaintiffs.
Setsco Services Pte Ltd issued their report.
Vincent Lim wrote a further letter to the Plaintiffs.
The Defendants wrote to ESL to ask for an extension of the deadline.
Repainting works by the Defendants started.
Koh, on behalf of SSL, sent out a letter to the purchasers of the units to ask for their colour preference for the repainting works.
ESL informed the Defendants to change Carnival Red to Sky Blue.
Repainting works were scheduled to be completed.
Decision Date

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found that the Plaintiffs had breached a fundamental term of their agreement with the Defendants by failing to supply paint that met the specified SS 345 standard.
    • Category: Substantive
    • Sub-Issues:
      • Failure to supply paint of specified standard
      • Supply of defective paint

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation
  • Construction Law

11. Industries

  • Construction
  • Manufacturing

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • SS 345 standard
  • External paint
  • Fading
  • Discolouration
  • Warranty
  • Certification
  • Korever
  • Korevon
  • WP 345 paint
  • Carnival Red
  • Fair Complexion

15.2 Keywords

  • Paint
  • Defect
  • Fading
  • Construction
  • Contract
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Breach of Contract75
Contract Law70
Contracts65
Contractual terms60
Products Liability50
Warranty Law45
Defective Goods40
Commercial Disputes30
Construction Contract25

16. Subjects

  • Construction Dispute
  • Contract Law