Thyssen Hunnebeck v TTJ Civil Engineering: Discovery of Documents in Scaffolding Contract Dispute

Thyssen Hunnebeck Singapore Pte Ltd, the plaintiff, appealed against a decision refusing their application for discovery of documents from TTJ Civil Engineering Pte Ltd, the defendant, in the High Court of Singapore on 2002-10-21. The dispute arose from a scaffolding supply contract where the plaintiff claimed the defendant was obliged to pay for additional scaffolding. The court allowed the appeal, granting an order for discovery of documents relating to the scaffolding contract between the main contractor and the defendants, finding them relevant to the plaintiff's case, including the alternative claim in quantum meruit.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding discovery of documents in a dispute over a scaffolding contract. The court allowed discovery, finding the documents relevant to the plaintiff's case.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Thyssen Hunnebeck Singapore Pte LtdPlaintiff, AppellantCorporationAppeal AllowedWonMark Lim
TTJ Civil Engineering Pte LtdDefendant, RespondentCorporationAppeal DismissedLostChristopher Goh

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Mark LimWong & Leow LLC
Christopher GohAng & Partners

4. Facts

  1. The plaintiffs supplied scaffoldings to the defendants pursuant to a contract.
  2. The defendants were a scaffolding sub-contractor involved in a major building project.
  3. The plaintiffs claimed the defendants were obliged to pay for additional scaffolding.
  4. The plaintiffs averred that their invoices for the additional scaffoldings had been used as the basis upon which the defendants made a claim from the main contractors.
  5. The contract included a clause (2.3) regarding the supply of additional formwork equipment on loan without rental charges under certain conditions.

5. Formal Citations

  1. Thyssen Hunnebeck Singapore Pte Ltd v TTJ Civil Engineering Pte Ltd, Suit No 766 of 2001, RA No 259 of 2002, [2002] SGHC 247

6. Timeline

DateEvent
Suit filed (Suit No 766 of 2001)
Judgment issued

7. Legal Issues

  1. Discovery of Documents
    • Outcome: The court held that the documents relating to the scaffolding contract between the main contractor and the defendants were discoverable.
    • Category: Procedural
    • Sub-Issues:
      • Relevancy of documents
      • Fishing expedition
    • Related Cases:
      • [2002] 2 SLR 345
      • (1882) 11 QB 55

8. Remedies Sought

  1. Discovery of Documents

9. Cause of Actions

  • Breach of Contract
  • Quantum Meruit

10. Practice Areas

  • Commercial Litigation
  • Construction Law

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Chin Seng v Raffles Town Club Pte LtdCourt of AppealYes[2002] 2 SLR 345SingaporeCited to discuss the scope of discovery and the 'train of inquiry' principle.
Compagnie Financiere et Commerciale du Pacifique v Peruvian Guano CoN/AYes(1882) 11 QB 55N/ACited for the classic exposition of the old rules of court regarding document discovery.

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

  • Scaffolding
  • Discovery
  • Relevancy
  • Fishing expedition
  • Clause 2.3
  • Quantum meruit
  • Main contractor
  • Sub-contractor

15.2 Keywords

  • scaffolding
  • discovery of documents
  • construction contract
  • singapore
  • civil procedure

16. Subjects

  • Civil Procedure
  • Contract Law
  • Construction Law
  • Discovery

17. Areas of Law

  • Civil Procedure
  • Discovery of Documents
  • Contract Law
  • Construction Law