Barang Barang Pte Ltd v Boey Ng San: Non-Competition Clause & Summary Judgment
Barang Barang Pte Ltd applied to the High Court of Singapore on May 6, 2002, for summary judgment against Boey Ng San and others regarding a non-competition clause in a service agreement. The plaintiff alleged that the defendants breached the clause by engaging in furniture retailing through a third company. The court, presided over by Judicial Commissioner Choo Han Teck, dismissed the application, finding that the matter required a full trial due to disputed issues of fact and mixed questions of law and fact.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Plaintiff seeks summary judgment on a non-competition clause. The court dismissed the application, finding issues of fact requiring a full trial.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Barang Barang Pte Ltd | Plaintiff | Corporation | Application dismissed | Lost | Desmond Ong, Sean Say |
| Boey Ng San | Defendant | Individual | Application dismissed | Won | Roslina Baba, Ng Li-Yen |
| Third Defendant | Defendant | Corporation | Application dismissed | Won | Roslina Baba, Ng Li-Yen |
| Second Defendant | Defendant | Individual | Application dismissed | Won | Roslina Baba, Ng Li-Yen |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Desmond Ong | J Koh & Co |
| Sean Say | J Koh & Co |
| Roslina Baba | Ramdas & Wong |
| Ng Li-Yen | Ramdas & Wong |
4. Facts
- Plaintiff sought summary judgment on a non-competition clause.
- First and second defendants were founders of the plaintiff company.
- The non-competition clause was in a service agreement.
- Defendants argued the Sale and Purchase Agreement superseded the Service Agreement.
- Defendants also challenged the validity of the non-competition clause.
- The court found issues of fact requiring a full trial.
5. Formal Citations
- Barang Barang Pte Ltd v Boey Ng San and Others, Suit 161/2002, SIC 701/2002, [2002] SGHC 101
6. Timeline
| Date | Event |
|---|---|
| Plaintiff company founded by the first and second defendants. | |
| Service Agreement signed by the first and second defendants. | |
| First and second defendants left the employment of the plaintiff. | |
| Sale and Purchase Agreement signed by KLW Ltd and the first and second defendants. | |
| Judgment issued. | |
| Non-competition clause expires (if applicable). |
7. Legal Issues
- Construction of Contractual Clauses
- Outcome: The court determined that the construction of the clauses required a full trial due to intertwining facts and law.
- Category: Substantive
- Enforceability of Non-Competition Clause
- Outcome: The court noted that the validity of the non-competition clause was challenged on the ground that it amounts to a restraint of trade and is, therefore, void and unenforceable.
- Category: Substantive
- Summary Judgment
- Outcome: The court dismissed the application for summary judgment, finding that a full trial was required to determine the issues.
- Category: Procedural
8. Remedies Sought
- Damages
- Injunction
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Furniture
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Verrall v Great Yarmouth Borough Council | UK Supreme Court | Yes | [1981] 2 QB 202 | United Kingdom | Cited regarding the prevention of law's delays, but distinguished because the determination would not fully dispose of the entire cause of matter. |
| Payna Chettiar v Maimoon bte Ismail | High Court | Yes | [1997] 3 SLR 387 | Singapore | Cited as an example of a case where the determination of the issue would have disposed of the entire action. |
13. Applicable Rules
| Rule Name |
|---|
| O 14 r 12 Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Non-competition clause
- Summary judgment
- Sale and Purchase Agreement
- Service Agreement
- Restraint of trade
15.2 Keywords
- Non-competition
- Summary Judgment
- Contract
- Singapore
- High Court
16. Subjects
- Civil Procedure
- Contract Law
17. Areas of Law
- Civil Procedure
- Contract Law
- Restraint of Trade