Bernard Desker Gary v Thwaites Racing: Negligence, Conversion, and Contractual Terms in Racehorse Training
In Bernard Desker Gary and Others v Thwaites Racing Pte Ltd and Another, the Singapore High Court addressed claims by racehorse owners Bernard Desker Gary, Chia Swee Tin, Jennifer G Desker, Goh Siok Piew, Quek Sin Hien, and Quek Chin Hock against racehorse trainers Thwaites Racing Pte Ltd and Malcolm Peter James Lynhurst Thwaites. The plaintiffs alleged negligent advice regarding the purchase of Palace Star, improper treatment of Palace Star, Classic Sport, and Supreme Gold, negligence in training the horses, and conversion of Palace Star. The court, presided over by Justice Kan Ting Chiu, ruled in favor of the plaintiffs on the conversion claim related to mistakenly sending Palace Star to Ipoh, awarding damages to be assessed by the Registrar. The remaining claims were dismissed, and the defendant’s counterclaim for training fees was also dismissed. The decision was made on 15 August 2003.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the plaintiffs on the claim of conversion; the rest of the plaintiffs’ action is dismissed; the defendant’s counterclaim is dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case involving claims of negligent advice, improper horse treatment, and conversion against racehorse trainers. The court partially allowed the conversion claim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Bernard Desker Gary | Plaintiff | Individual | Partial Win | Partial | |
| Chia Swee Tin | Plaintiff | Individual | Partial Win | Partial | |
| Jennifer G Desker | Plaintiff | Individual | Partial Win | Partial | |
| Goh Siok Piew | Plaintiff | Individual | Partial Win | Partial | |
| Quek Sin Hien | Plaintiff | Individual | Partial Win | Partial | |
| Quek Chin Hock | Plaintiff | Individual | Partial Win | Partial | |
| Thwaites Racing Pte Ltd | Defendant | Corporation | Partial Loss | Partial | |
| Malcolm Peter James Lynhurst Thwaites | Defendant | Individual | Partial Loss | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Liew Teck Huat | Niru & Co |
| Andre Arul | Arul Chew & Partners |
4. Facts
- Plaintiffs imported three horses and bought another, placing them with the defendant trainers.
- Plaintiffs claimed negligent advice led to the purchase of Palace Star.
- Palace Star was mistakenly sent to Ipoh.
- Plaintiffs alleged improper treatment and negligent training of the horses.
- Defendants claimed plaintiffs agreed to Palace Star remaining in Ipoh.
- A dispute arose over payment in lieu of notice when plaintiffs withdrew horses.
- The horse, Palace Star, was sent to Ipoh by mistake.
5. Formal Citations
- Bernard Desker Gary and Others v Thwaites Racing Pte Ltd and Another, Suit 1104/2002, [2003] SGHC 175
6. Timeline
| Date | Event |
|---|---|
| Plaintiffs imported three horses from the United States and placed them with the defendants. | |
| Plaintiffs bought Palace Star and placed it with the defendants. | |
| Palace Star sent to the defendants for training. | |
| Palace Star raced for the first time. | |
| Palace Star raced for the sixth time. | |
| Palace Star became lame from joint problems. | |
| Malcolm Thwaites informed Gary Desker that Palace Star required surgery. | |
| Dr Ian Fulton operated on Palace Star's forelegs. | |
| Defendants mistakenly sent Palace Star to Ipoh. | |
| Palace Star arrived in K P Hoy’s stables in Ipoh. | |
| Plaintiffs and defendants met at the Orchard Hotel to discuss Palace Star being sent to Ipoh. | |
| Supreme Gold was put down. | |
| Dr Brian Stewart examined Classic Sport. | |
| Malayan Racing Association informed Gary Desker that Palace Star would be deleted. | |
| Decision Date |
7. Legal Issues
- Negligence
- Outcome: The court found no evidence of negligence in the handling and training of the horses.
- Category: Substantive
- Sub-Issues:
- Negligent advice
- Failure to provide proper treatment
- Continuing training without treatment
- Conversion
- Outcome: The court found that there was a conversion of the horse when it was sent to Ipoh up to the time of the plaintiffs’ instructions that Palace Star was to remain in Ipoh pending their further decision.
- Category: Substantive
- Implied Contractual Terms
- Outcome: The court found that the ARTS' conditions were not in existence when the training agreements between the plaintiffs and the defendants were made and cannot be incorporated into the agreement by custom and practice.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
- Conversion
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Sports
- Horse Racing
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| null | N/A | No | N/A | N/A | N/A |
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
- Racehorse
- Trainer
- Negligence
- Conversion
- Training fees
- Degenerative joint disease
- Tendonitis
- ARTS Conditions
- Payment in lieu of notice
15.2 Keywords
- Racehorse
- Negligence
- Conversion
- Contract
- Training
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Contract Law | 80 |
| Negligence | 70 |
| Torts | 70 |
| Conversion | 60 |
| Breach of Contract | 60 |
| Horse Racing | 50 |
| Misrepresentation | 40 |
| Agency Law | 30 |
| Personal Injury | 20 |
16. Subjects
- Contract Law
- Tort Law
- Horse Racing
- Negligence
- Conversion