SH Sameyeh Pte Ltd v Hassan's Carpets Pte Ltd: Consignment Agreement Dispute
In SH Sameyeh Pte Ltd v Hassan's Carpets Pte Ltd, the High Court of Singapore heard an appeal regarding a dispute over a consignment agreement for a carpet. SH Sameyeh Pte Ltd claimed US$8,000 from Hassan's Carpets Pte Ltd for a carpet given on consignment. The court, led by Judicial Commissioner Choo Han Teck, dismissed the appeal, finding that the contract was ostensibly made between the plaintiffs and Baba on behalf of Hassan's Carpets Co Ltd (Bangkok) and there was no basis to lift the corporate veil to hold Hassan's Carpets Pte Ltd liable.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
A dispute over a consignment agreement for a carpet. The court dismissed the appeal, finding no basis to lift the corporate veil.
1.7 Decision Date
2. Parties and Outcomes
Party Name | Role | Type | Outcome | Outcome Type | Counsels |
---|---|---|---|---|---|
SH Sameyeh Pte Ltd | Appellant, Plaintiff | Corporation | Appeal dismissed | Lost | |
Hassan's Carpets Pte Ltd | Respondent, Defendant | Corporation | Appeal dismissed | Won |
3. Judges
Judge Name | Title | Delivered Judgment |
---|---|---|
Choo Han Teck | Judicial Commissioner | Yes |
4. Counsels
Counsel Name | Organization |
---|---|
Andrew J Hanam | Hanam & Co |
Sumitri Menon | Jansen, Menon & Lee |
4. Facts
- The plaintiffs and defendants are carpet dealers in Singapore.
- The plaintiffs claimed US$8,000 for a carpet given to the defendants on consignment.
- An oral agreement was allegedly reached between Sameyeh and Baba in Bangkok.
- The defendants denied knowledge of the transaction, claiming Baba acted for HCB or himself.
- The trial judge found the contract was between the plaintiffs and Baba in his personal capacity.
- The plaintiffs argued HCB and the defendants were a single economic unit.
- The trial judge refused the plaintiffs' application to amend the claim based on the 'single economic unit' point.
5. Formal Citations
- SH Sameyeh Pte Ltd v Hassan's Carpets Pte Ltd, DCA 30/2000, [2001] SGHC 179
6. Timeline
Date | Event |
---|---|
Oral agreement reached between Sameyeh and Baba regarding the consignment of a carpet. | |
Baba collected the kazak from Isphan Carpets. | |
Baba gave Sameyeh a letter acknowledging receipt of the kazak and the terms of the agreement. | |
Case DCA 30/2000 filed. | |
Judgment delivered. |
7. Legal Issues
- Breach of Contract
- Outcome: The court found that the contract was ostensibly made between the plaintiffs and Baba on behalf of HCB.
- Category: Substantive
- Lifting the Corporate Veil
- Outcome: The court declined to lift the corporate veil.
- Category: Substantive
- Related Cases:
- [1897] AC 22
- [1976] 3 All ER 462
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Retail
12. Cited Cases
Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
---|---|---|---|---|---|
Saloman v A Saloman | House of Lords | Yes | [1897] AC 22 | England and Wales | Cited for the principle that an incorporated company has a distinct and separate legal entity from that of its shareholders. |
DHN Food Distributors Ltd and Ors v London Borough of Tower Hamlets | Court of Appeal | No | [1976] 3 All ER 462 | England and Wales | Cited regarding the concept of a 'single economic unit' in relation to corporate entities, but distinguished by the court. |
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
- Consignment
- Kazak carpet
- Single economic unit
- Corporate veil
- Alter ego
15.2 Keywords
- carpet
- consignment
- breach of contract
- corporate veil
- SH Sameyeh Pte Ltd
- Hassan's Carpets Pte Ltd
17. Areas of Law
Area Name | Relevance Score |
---|---|
Contract Law | 75 |
Lifting corporate veil | 70 |
Single Economic Unit | 65 |
Company Law | 60 |
Agency Law | 50 |
Commercial Disputes | 40 |
16. Subjects
- Contract Dispute
- Corporate Law