Abdul Latif v Saeed Husain: Breach of Fiduciary Duty & Employee Competition
In Abdul Latif Bin Mohamed Tahiar (trading as Canary Agencies) v Saeed Husain s/o Hakim Gulam Mohiudin (trading as United Limousine), the High Court of Singapore heard an appeal by Abdul Latif against the decision of the District Judge regarding Saeed Husain's breach of fiduciary duty. The plaintiff claimed damages for the defendant's actions of setting up a competing business while still employed by the plaintiff. The High Court allowed the appeal in part, awarding additional damages to the plaintiff for the 'Combi contract' component.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed in part.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding breach of fiduciary duty. Employee started competing business while employed. Court allowed appeal, awarding damages for lost profits.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Abdul Latif Bin Mohamed Tahiar (trading as Canary Agencies) | Plaintiff, Appellant | Individual | Appeal allowed in part | Partial | |
| Saeed Husain s/o Hakim Gulam Mohiudin (trading as United Limousine) | Defendant, Respondent | Individual | Damages awarded to Plaintiff | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| MPH Rubin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Andrew J Hanam | Hanam & Co |
| K Anparasan | Khattar Wong & Partners |
4. Facts
- Plaintiff engaged in providing chauffeur driven cars.
- Defendant was employed by the plaintiff as a driver.
- Defendant registered a business to supply chauffeur driven cars while employed by the plaintiff.
- Defendant obtained a contract from Mitsubishi while still employed by the plaintiff.
- Plaintiff terminated the defendant's services upon discovering his actions.
- Plaintiff commenced action against the defendant for breach of fiduciary duties.
- The District Judge disallowed the Combi claim but the High Court allowed the appeal in part.
5. Formal Citations
- Abdul Latif Bin Mohamed Tahiar (trading as Canary Agencies) v Saeed Husain s/o Hakim Gulam Mohiudin (trading as United Limousine), DCA 22/2002, [2003] SGHC 15
6. Timeline
| Date | Event |
|---|---|
| Defendant employed by the plaintiff. | |
| Plaintiff entered into contract with Mitsubishi. | |
| Defendant registered United Limousine. | |
| Defendant sent quotation to Mitsubishi. | |
| Plaintiff submitted quotation to Mitsubishi. | |
| Defendant's services terminated by the plaintiff. | |
| Defendant secured contract from Mitsubishi. | |
| District Judge Zainol Abeedin handed down decision. | |
| Decision Date |
7. Legal Issues
- Breach of Fiduciary Duty
- Outcome: The court found that the defendant breached his fiduciary duty by competing with his employer while still employed.
- Category: Substantive
- Sub-Issues:
- Employee competing with employer
- Solicitation of employer's customers
- Related Cases:
- [1935] 2 KB 80
- Amendment of Pleadings
- Outcome: The court held that the plaintiff was bound by the amount claimed in the pleadings, as no application to amend the pleadings was made.
- Category: Procedural
- Related Cases:
- [1892] 2 QB 14
- [1987] 1 MLJ 210
- (1888) 38 Ch D 410
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Fiduciary Duty
10. Practice Areas
- Commercial Litigation
- Employment Law
11. Industries
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Gold Ores Reduction Co v Pain | N/A | Yes | [1892] 2 QB 14 | England | Cited for the principle that parties stand by their pleaded case and defects in pleadings cannot be cured by averments in affidavits. |
| Novotel Societe D’ Investissements Et D’ Exploitation Hoteliers & Anor v Pernas Hotel Chain (Selangor) Bhd | N/A | Yes | [1987] 1 MLJ 210 | N/A | Cited for the principle that parties stand by their pleaded case and defects in pleadings cannot be cured by averments in affidavits. |
| Spedding v Fitzpatrick | N/A | Yes | (1888) 38 Ch D 410 | N/A | Cited for the principle that parties stand by their pleaded case and defects in pleadings cannot be cured by averments in affidavits. |
| Wessex Dairies Limited v Smith | Court of Appeal | Yes | [1935] 2 KB 80 | England | Cited for the principle that a servant who solicits the customers of his master to transfer their custom to himself while still in service commits a breach of duty. |
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
- Chauffeur driven cars
- Fiduciary duty
- Competing business
- Mercedes Contract
- Combi Contract
- Pleadings
- Solicitation of customers
15.2 Keywords
- Breach of fiduciary duty
- Employee competition
- Chauffeur services
- Singapore High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Fiduciary Duties | 90 |
| Employment Law | 80 |
| Civil Practice | 70 |
| Breach of Contract | 60 |
| Commercial Disputes | 50 |
| Damages | 40 |
16. Subjects
- Employment Law
- Civil Procedure
- Breach of Fiduciary Duty