Excel Golf v Allied Domecq: Breach of Contract & Public Apology Remedy
Excel Golf Pte Ltd sued Allied Domecq Spirits & Wine (Singapore) Ltd in the High Court of Singapore on 21 October 2003, for breach of contract, seeking damages and an order for Allied Domecq to publish a public apology. The High Court dismissed Excel Golf's appeal, holding that the court does not have the power to order a party in breach of contract to make a public apology.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Excel Golf sued Allied Domecq for breach of contract, seeking damages and a public apology. The court dismissed the appeal, holding it lacked the power to order a public apology.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Excel Golf Pte Ltd | Appellant, Plaintiff | Corporation | Appeal dismissed with costs | Lost | S H Almenoar, Raji Ramason |
| Allied Domecq Spirits & Wine (Singapore) Ltd | Respondent, Defendant | Corporation | Appeal Allowed | Won | Ang Cheng Hock |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| S Rajendran | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| S H Almenoar | Tan Rajah & Cheah |
| Raji Ramason | Tan Rajah & Cheah |
| Ang Cheng Hock | Allen & Gledhill |
4. Facts
- Excel Golf and Domecq Singapore entered into an agreement for Excel to organise golf tournaments called “Ballantines Legends of Golf”.
- Domecq Singapore allegedly reneged on the agreement after Excel had publicly committed to organising the tournament.
- Excel claimed Domecq Singapore's actions caused financial loss and harm to Excel's credibility and reputation.
- Excel sought damages and an order for Domecq Singapore to publish an apology in various publications.
- The Assistant Registrar struck out the request for an apology, leading to Excel's appeal.
5. Formal Citations
- Excel Golf Pte Ltd v Allied Domecq Spirits & Wine (Singapore) Ltd, Suit 286/2003, RA 178/2003, [2003] SGHC 255
6. Timeline
| Date | Event |
|---|---|
| Decision Date |
7. Legal Issues
- Breach of Contract
- Outcome: The court accepted, for the purposes of the appeal, that there had been a breach of contract by Domecq Singapore.
- Category: Substantive
- Availability of Remedy
- Outcome: The court held that it does not have the power to order a party in breach of contract to make a public apology.
- Category: Substantive
8. Remedies Sought
- Damages
- Order for public apology
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Wine and Spirits
- Sports
- Event Management
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Gatley on Libel and Slander | N/A | Yes | Gatley on Libel and Slander (9th Ed), para 9.1 | N/A | Cited for the principle that courts do not have the power to order a defendant to publish a correction or apology in defamation actions. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Breach of contract
- Public apology
- Remedy
- European Seniors PGA Tour
- Ballantines Legends of Golf
15.2 Keywords
- contract
- apology
- remedy
- golf
- singapore
16. Subjects
- Contract Law
- Civil Procedure
17. Areas of Law
- Contract Law
- Remedies