Veolia Water Systems v Engineered Products: Breach of Confidence, Conspiracy, Conversion, and Contract Dispute
Veolia Water Systems (SEA) Pte Ltd sued Engineered Products and Services Pte Ltd, Tan Cho Hiang Elvin, Aw Yong Joo, Quek Ching Ho, Goh Seng Chai Dennis, and Ng Kheng Siang in the High Court of Singapore, alleging conversion, breach of confidence, breach of contract of employment, and conspiracy with intent to injure. The court, presided over by Lee Seiu Kin J, dismissed all of Veolia's claims, finding insufficient evidence to support the allegations of conversion, breach of confidence, breach of contract, or conspiracy.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's claims dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Veolia Water Systems sued Engineered Products for conversion, breach of confidence, contract breach, and conspiracy. The court dismissed all claims, finding insufficient evidence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Veolia Water Systems (SEA) Pte Ltd | Plaintiff | Corporation | Claims dismissed | Lost | |
| Engineered Products and Services Pte Ltd | Defendant | Corporation | Claims dismissed | Won | |
| Tan Cho Hiang Elvin | Defendant | Individual | Claims dismissed | Won | |
| Aw Yong Joo | Defendant | Individual | Claims dismissed | Won | |
| Quek Ching Ho | Defendant | Individual | Claims dismissed | Won | |
| Goh Seng Chai Dennis | Defendant | Individual | Claims dismissed | Won | |
| Ng Kheng Siang | Defendant | Individual | Claims dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
4. Facts
- The plaintiff designs and provides water treatment systems.
- The first defendant is also in the business of providing water treatment systems.
- The second to fifth defendants were former employees of the plaintiff who joined the first defendant.
- The plaintiff alleged that items were removed from its premises without approval.
- The police investigated the plaintiff's complaint and inspected the first defendant's premises.
- The plaintiff claimed the defendants converted stainless steel cylinders, ion exchange resin, fibreglass tanks, and a TOC reduction unit.
- The plaintiff alleged the defendants breached their duty of confidence by using the plaintiff's confidential information.
5. Formal Citations
- Veolia Water Systems (SEA) Pte Ltd v Engineered Products and Services Pte Ltd and Others, Suit 537/2005, [2006] SGHC 208
6. Timeline
| Date | Event |
|---|---|
| Tan joined KBS Pure Water Pte Ltd. | |
| Tan became sales director of KBS. | |
| Tan entered into a written employment contract. | |
| KBS was acquired by US Filter Finance BV and renamed US Filter (Asia) Pte Ltd. | |
| Quek joined the plaintiff as an assistant service manager. | |
| The name of the company was changed to US Filter Asia Pacific Pte Ltd. | |
| Aw and Goh joined the plaintiff. | |
| Plaintiff gave scrap items to the first defendant. | |
| US Filter Asia Pacific Pte Ltd was acquired by Vivendi Water Systems SA and renamed Vivendi Water Systems (Singapore) Pte Ltd. | |
| Chartered Silicon Partners gave the plaintiff used stainless steel containers. | |
| The plaintiff changed to its present name. | |
| Plaintiff entered into a Warranty Service Contract with IME. | |
| Last service agreement between plaintiff and Dupont was dated. | |
| Aw carried out the replacement of resins at UMCi’s water treatment facility. | |
| Goh left the plaintiff. | |
| Goh was employed by the first defendant. | |
| Tan sent Dupont the new service agreement. | |
| Dupont wrote to Tan inquiring about the increase in the contract price. | |
| Aw used a forklift truck to load stainless steel cylinders onto a lorry. | |
| Dupont wrote to Tan to say that Dupont had decided not to renew the service agreement. | |
| Dupont awarded the first defendant the service contract. | |
| Aw transferred resin into a 1,000l IBC tank. | |
| Abbas was involved in the regeneration of 5,200l of NR30 ion exchange resins. | |
| Tan left the plaintiff. | |
| Tan joined the first defendant. | |
| Aw left the plaintiff. | |
| Aw joined the first defendant. | |
| The plaintiff submitted to Seagate a quotation for the supply of a TOC Analyser/Liquid Particle Counter and Hook-Up. | |
| The plaintiff submitted its quotation to IME for the renewal of the Warranty Service Contract. | |
| Tian Ter went to the plaintiff’s plant to take delivery of the fibreglass tanks. | |
| Quek told Abbas that he wanted four 500l fibreglass tanks to be taken out and loaded onto a lorry. | |
| The plaintiff submitted quotations to Infinite Graphics for the supply of an activated carbon column. | |
| Marche made a police report. | |
| The police inspected the premises of the first defendant. | |
| Mehbub had telephone conversations with Ng. | |
| Quek left the plaintiff. | |
| The plaintiff submitted quotations to Infinite Graphics for the change of new carbon media. | |
| The plaintiff submitted to Seagate a proposal for the supply of a Neutralization Package for Wastewater Reclaim System. | |
| Wang left UMCi. | |
| Abbas visited the first defendant’s premises. | |
| Quek joined the first defendant. | |
| Parties jointly measured the NR30 ion exchange resins. | |
| Judgment reserved. |
7. Legal Issues
- Breach of Confidence
- Outcome: The court found that the plaintiff failed to prove that the defendants used or disclosed confidential information.
- Category: Substantive
- Conspiracy
- Outcome: The court dismissed the conspiracy claim because the plaintiff failed to prove conversion or breach of confidence.
- Category: Substantive
- Conversion
- Outcome: The court found that the plaintiff failed to prove that the defendants converted any goods.
- Category: Substantive
- Breach of Contract
- Outcome: The court found that the obligations under the employment contract ceased after Tan left the plaintiff's employment.
- Category: Substantive
8. Remedies Sought
- Damages for conversion
- Damages for breach of confidence
- Damages for breach of contract
- Damages for conspiracy
9. Cause of Actions
- Conversion
- Breach of Confidence
- Breach of Contract
- Conspiracy with intent to injure
10. Practice Areas
- Commercial Litigation
- Employment Law
- Tort Law
11. Industries
- Water Treatment
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Faccenda Chicken Ltd v Fowler | Chancery Division | Yes | [1987] Ch 117 | England and Wales | Cited for the principle that information on pricing policies and costs are not of a sufficiently high level of confidentiality to impose a general obligation on former employees. |
| Universal Westech (S) Pte Ltd v Ng Thiam Kiat | High Court | Yes | [1997] 2 SLR 139 | Singapore | Cited for the principle that former employees can apply their knowledge in subsequent employment, even if it involves the former employer's confidential information, as long as they do not steal trade secrets. |
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
- Water treatment systems
- Conversion
- Breach of confidence
- Breach of contract
- Conspiracy
- Ion exchange resin
- Stainless steel cylinders
- Fibreglass tanks
- TOC reduction unit
- Employment contract
15.2 Keywords
- water treatment
- conversion
- breach of confidence
- breach of contract
- conspiracy
- employment
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Breach of Confidence | 90 |
| Conspiracy by Unlawful Means | 85 |
| Conversion | 80 |
| Breach of Contract | 75 |
| Employment Law | 60 |
16. Subjects
- Tort Law
- Contract Law
- Employment Law
- Commercial Litigation