Tri-Oceanic Pte Ltd v Chun Cheng Fishery Enterprise Pte Ltd: Dispute over Unpaid Goods in 'As Is' Fish Sale
In Tri-Oceanic Pte Ltd v Chun Cheng Fishery Enterprise Pte Ltd, the High Court of Singapore ruled in favor of Tri-Oceanic, allowing their claim for US$274,985.07 in unpaid goods. Tri-Oceanic sued Chun Cheng for the balance due after selling fish and seafood products on an 'as is' basis. The court, presided over by Justice Choo Han Teck, found that Chun Cheng was liable for the unpaid amount, dismissing their counterclaim. The primary legal issue was whether Chun Cheng could dispute the quality of the delivered fish despite the 'as is' clause in the contract.
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
Tri-Oceanic sued Chun Cheng for unpaid goods. The court found Chun Cheng liable, as the contract stipulated an 'as is' sale, negating quality disputes.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chun Cheng Fishery Enterprise Pte Ltd | Defendant | Corporation | Counterclaim Dismissed | Lost | |
| Tri-Oceanic Pte Ltd | Plaintiff | Corporation | Claim Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Tong Chuan | Loo and Partners |
| R S Bajwa | ASG Law Corporation |
| Rajvant Kaur | ASG Law Corporation |
4. Facts
- Tri-Oceanic agreed to sell its remaining fish stock to Chun Cheng.
- The parties entered into a written agreement on 5 March 2003.
- The contract stipulated that the sale was on an 'as is' basis.
- The defendant agreed not to claim any reduction in price due to quality.
- The plaintiff claimed US$276,724.05 was outstanding for unpaid goods.
- The defendant alleged the fish delivered did not match the quality described.
- The court found that the defendant's complaint related to quality, not description.
5. Formal Citations
- Tri-Oceanic Pte Ltd v Chun Cheng Fishery Enterprise Pte Ltd, Suit 17/2004, [2005] SGHC 56
6. Timeline
| Date | Event |
|---|---|
| Written agreement signed for sale of fish and seafood products | |
| Defendant signed the contract | |
| All fish and fish products fully delivered | |
| Lawsuit filed | |
| Judgment issued |
7. Legal Issues
- Breach of Contract
- Outcome: The court found the defendant liable for breach of contract due to non-payment of goods.
- Category: Substantive
- Quality of Goods
- Outcome: The court held that the defendant's complaint regarding the quality of the fish was not valid due to the 'as is' clause in the contract.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Fishery
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 |
|---|---|
| Sale of Goods Act (Cap 393, 1999 Rev Ed) s 55(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- As is
- Sashimi grade
- Non-sashimi grade
- LF grade
- Book value
- Clearance sale
15.2 Keywords
- contract
- sale of goods
- fish
- quality
- as is
- singapore
- commercial dispute
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Contract Law | 80 |
| Breach of Contract | 75 |
| Sale of Goods | 70 |
| Sale of Fish and Seafood Products | 60 |
16. Subjects
- Contract Law
- Commercial Law
- Sale of Goods