Aglow Alicom v Neewscomm Marketing: Breach of Contract, Non-Solicitation, and Confidential Information
In Aglow Alicom Pte Ltd v Neewscomm Marketing Pte Ltd & Others, the High Court of Singapore, on 31 December 2002, addressed a breach of contract claim involving a non-solicitation term and confidential information. The court found the 1st defendant liable for breaching the non-solicitation term and the confidential information term, while the 2nd defendant was liable for breach of confidence. The court awarded damages of $374,855.20 to the plaintiff.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Aglow Alicom sued Neewscomm Marketing for breach of contract, non-solicitation, and confidential information. The court awarded damages to Aglow Alicom.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Aglow Alicom Pte Ltd | Plaintiff | Corporation | Judgment for Plaintiff | Won | |
| Neewscomm Marketing Pte Ltd | Defendant | Corporation | Claim Dismissed | Lost | |
| Globalcom | Defendant | Corporation | Claim Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Thian Yee Sze | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|
4. Facts
- The 1st defendants breached the non-solicitation term.
- The 1st and 2nd defendants breached the confidential information term and breach of confidence.
- The termination agreement was dated 31 August 1999.
- The court used a formula to calculate damages for breach of the non-solicitation term.
- The court found that 173 customers had terminated the plaintiffs’ services.
- The court accepted an attrition rate of 57.2% in the normal course of business.
5. Formal Citations
- Aglow Alicom Pte Ltd v Neewscomm Marketing Pte Ltd & Others, Suit No 351 of 2000, Notice of Assessment No 33 of 2001, [2002] SGHC 312
6. Timeline
| Date | Event |
|---|---|
| Termination agreement date | |
| Suit filed | |
| Notice of Assessment issued | |
| Judgment issued |
7. Legal Issues
- Breach of Non-Solicitation Term
- Outcome: The court found the 1st defendant liable for breach of the non-solicitation term.
- Category: Substantive
- Breach of Confidential Information Term
- Outcome: The court found the 1st and 2nd defendants liable for breach of the confidential information term and breach of confidence.
- Category: Substantive
- Damages Assessment
- Outcome: The court assessed damages based on loss of profits.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Breach of Confidence
10. Practice Areas
- Commercial Litigation
11. Industries
- Marketing
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
- Non-Solicitation
- Confidential Information
- Termination Agreement
- Loss of Profits
- Customer Database
- Attrition Rate
15.2 Keywords
- breach of contract
- non-solicitation
- confidential information
- damages
- singapore
- high court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Non-solicitation | 90 |
| Breach of Confidence | 80 |
| Confidentiality | 70 |
| Breach of Contract | 70 |
| Damages | 60 |
| Contract Law | 60 |
| Inducement of Breach of Contract | 50 |
16. Subjects
- Contract Law
- Confidentiality
- Damages