Wah Heng Glass v Diethelm Keller: Breach of Contract & Defective Work in Glass Supply
Wah Heng Glass Holdings Pte Ltd sued Diethelm Keller Engineering Pte Ltd in the High Court of Singapore on 22 February 2006, claiming $281,134.80 for work done and materials supplied. Diethelm Keller counterclaimed for defective work and material. The court, presided over by Justice Choo Han Teck, allowed Wah Heng Glass's claim and dismissed Diethelm Keller's counterclaim, finding that Wah Heng Glass had proven its case and Diethelm Keller had not sufficiently proven its counterclaims.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's claim allowed; defendant's counterclaim dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Wah Heng Glass sued Diethelm Keller for payment. Diethelm Keller counterclaimed for defective work. The court allowed Wah Heng's claim and dismissed Diethelm Keller's counterclaim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Wah Heng Glass Holdings Pte Ltd | Plaintiff | Corporation | Claim allowed | Won | James Yu, Harpal Singh Bajaj |
| Diethelm Keller Engineering Pte Ltd | Defendant | Corporation | Counterclaim dismissed | Lost | Subramaniam A Pillai |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| James Yu | Yu and Co |
| Harpal Singh Bajaj | Yu and Co |
| Subramaniam A Pillai | Acies Law Corporation |
4. Facts
- The plaintiff claimed $281,134.80 for work done and material supplied in 11 projects.
- The defendant pleaded a set-off and counterclaim for defective work and material.
- The defendant did not plead the nature of the defects.
- The plaintiff applied to amend its defence to the counterclaim on the day of trial, which was disallowed.
- The defendant counterclaimed in respect of the Raffles Junior College, UMCI, Yishun Church, and Seagate projects.
- The court found the plaintiff's executive director competent to give evidence of the contracts.
- The defendant sought a post-contract warranty for the Raffles Junior College project, which the plaintiff refused.
5. Formal Citations
- Wah Heng Glass Holdings Pte Ltd v Diethelm Keller Engineering Pte Ltd, Suit 421/2005, [2006] SGHC 29
6. Timeline
| Date | Event |
|---|---|
| Plaintiff filed its defence to the counterclaim | |
| Plaintiff applied to amend its defence to the counterclaim | |
| Application dismissed by the assistant registrar | |
| Judgment issued |
7. Legal Issues
- Breach of Contract
- Outcome: The court found that the plaintiff had proven the existence of the contracts and the defendant's breach.
- Category: Substantive
- Defective Work
- Outcome: The court found that the defendant did not provide sufficient evidence to prove the defective work.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Construction Disputes
11. Industries
- Construction
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 |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Defective work
- Set-off
- Counterclaim
- De-lamination
- Spandrel glass
- Tolerance level
15.2 Keywords
- breach of contract
- defective work
- glass supply
- construction
- Singapore High Court
16. Subjects
- Construction Dispute
- Contract Law
17. Areas of Law
- Contract Law
- Construction Law
- Civil Procedure