Tang Kay Heng Alan v Purwadi: Commission Sharing Agreement Dispute

In Tang Kay Heng Alan v Purwadi, the High Court of Singapore dismissed the plaintiff's claim for a share of commission against the defendant. The plaintiff alleged a commission sharing agreement related to a deal involving shares of a Chinese company. The court, presided over by Justice Kan Ting Chiu, found fundamental defects in the plaintiff's case, including a lack of credible evidence and inconsistencies in his statements. The court concluded that the plaintiff failed to prove his claim on a balance of probabilities.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Claim dismissed with costs without the defence being heard.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Plaintiff sued Defendant for share of commission. Court dismissed claim due to defects in Plaintiff's case and unsatisfactory evidence.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Tang Kay Heng AlanPlaintiffIndividualClaim DismissedLostTan Hong Seng
PurwadiDefendantIndividualJudgment for DefendantWonLeonard Hazra, Chan Hoe

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Tan Hong SengTan Lim & Wong
Leonard HazraDavid Lim & Partners
Chan HoeDavid Lim & Partners

4. Facts

  1. Plaintiff claimed he helped broker a deal involving shares of a Chinese company.
  2. The deal involved 42.1% of the shares of a Chinese company held by Spring Sun International Ltd (SSI).
  3. The purchaser was IPCO International Ltd, a Singapore listed company, where the defendant was a director and chairman.
  4. Plaintiff claimed Chng agreed to pay him US$7.5m for his services.
  5. A Commission Sharing Agreement was made on 30 December 1999 between the plaintiff, the defendant and Thew Ah Ba.
  6. Plaintiff executed a statutory declaration stating he was not involved in the sale of Spring Sun International Ltd to IPCO.
  7. Lotos confirmed that the US$30m was to be paid by the defendant to Acostar.

5. Formal Citations

  1. Tang Kay Heng Alan v Purwadi, Suit 1435/2002/D, [2003] SGHC 312

6. Timeline

DateEvent
SSH issued a letter to Lotos confirming appointment as broker and commission of US$30m.
Commission Sharing Agreement made between plaintiff, defendant and Thew Ah Ba.
Lotos confirmed US$30m to be deducted from price defendant pays to SSH and paid to Acostar.
Plaintiff executed a statutory declaration.
Lawsuit filed (Suit 1435/2002/D).
Claim dismissed.

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found that the commission sharing agreement did not entitle the plaintiff to any share of the commission.
    • Category: Substantive
  2. Formation of Contract
    • Outcome: The court questioned whether a binding contract was entered into between the parties.
    • Category: Substantive
  3. Right to Sue
    • Outcome: The court found that the plaintiff had no basis to sue the defendant for his alleged share of the commission.
    • Category: Procedural

8. Remedies Sought

  1. Monetary Damages
  2. Account of all monies or value received
  3. Damages

9. Cause of Actions

  • Breach of Contract
  • Monies had and received

10. Practice Areas

  • Commercial Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

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

  • Commission Sharing Agreement
  • Spring Sun International Ltd (SSI)
  • IPCO International Ltd
  • Lotos Investments Ltd
  • Acostar Holding Ltd
  • Broker
  • Commission

15.2 Keywords

  • contract
  • commission
  • broker
  • agreement
  • shares

16. Subjects

  • Contract Law
  • Commission Dispute

17. Areas of Law

  • Contract Law