Thyssen Hynnebeck Singapore Pte Ltd v TTJ Civil Engineering Pte Ltd: Formwork Contract Dispute
In a dispute between Thyssen Hynnebeck Singapore Pte Ltd and TTJ Civil Engineering Pte Ltd, the High Court of Singapore, presided over by Judith Prakash J, addressed a claim by the plaintiff for outstanding payment, compensation for unreturned and damaged formwork, and the cost of additional materials. The defendant counterclaimed for overpayment and breach of contract. The court allowed the plaintiff's appeal in part, ordering interlocutory judgment for the plaintiff regarding the unreturned formwork, with damages to be assessed. The court found that the defendant was responsible for assembling the formwork and liable for the cost of formwork not redelivered.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed in part. Interlocutory judgment entered for the plaintiff regarding the formwork not returned by the defendant, with damages to be assessed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Dispute over a formwork contract. The court found the defendant liable for the cost of formwork not returned to the plaintiff.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| TTJ Civil Engineering Pte Ltd | Defendant | Corporation | Interlocutory judgment entered against defendant | Lost | |
| Thyssen Hynnebeck Singapore Pte Ltd | Plaintiff | Corporation | Appeal allowed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Loo Dip Seng | Ang & Partners |
| Mark Lim | Wong & Leow |
4. Facts
- The plaintiff and defendant entered into a contract for the sale and buy-back of a formwork system.
- The defendant obtained a sub-contract for the construction of a depot for the Singapore Mass Rapid Transit System.
- The contract included a buy-back guarantee for 40% of the standard sale equipment.
- The defendant admitted to cutting and consuming parts of the formwork during assembly.
- The defendant did not return all of the formwork to the plaintiff.
5. Formal Citations
- Thyssen Hynnebeck Singapore Pte Ltd v TTJ Civil Engineering Pte Ltd, Suit 766/2001/K, RA 200/2001, [2002] SGHC 21
6. Timeline
| Date | Event |
|---|---|
| Parties entered into a contract for the plaintiff to sell formwork to the defendant. | |
| Plaintiff filed action against the defendant. | |
| High Court allowed the plaintiff's appeal in part. |
7. Legal Issues
- Breach of Contract
- Outcome: The court found that the defendant had breached the contract by failing to redeliver the formwork as required.
- Category: Substantive
- Sub-Issues:
- Failure to redeliver purchased goods
- Cutting and consuming materials
8. Remedies Sought
- Monetary Damages
- Compensation for lost formwork
- Compensation for damaged formwork
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Construction Law
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 |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Formwork
- Buy-back guarantee
- Pre-assembly
- Redelivery
- Construction
- KST Table Form
- Manto Column Form
15.2 Keywords
- Formwork
- Construction
- Contract
- Singapore
- Breach of Contract
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Contract Law | 80 |
| Breach of Contract | 75 |
| Contracts | 70 |
| Formwork System | 65 |
| Performance of Contract | 60 |
| Sale of Goods | 50 |
| Commercial Litigation | 40 |
16. Subjects
- Construction Dispute
- Contract Law