C & P Holdings v Witco Industries: Breach of Contract Dispute over ISO Tank Cleaning Facilities

In a suit before the High Court of Singapore on 20 January 2006, C & P Holdings Pte Ltd sued Witco Industries Pte Ltd for breach of contract, alleging failure to deliver and install ISO Tank Cleaning and Wastewater Treatment Facilities by the agreed date. Witco Industries counterclaimed for the outstanding balance due under the contract. Justice Choo Han Teck dismissed C & P Holdings' claim, finding that C & P Holdings was in breach of contract by failing to make payment. The court allowed Witco Industries' counterclaim in part, ordering C & P Holdings to pay $250,000, after deducting $34,850 for resources left idle due to C & P Holdings' breach.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiff's claim dismissed; Defendant's counterclaim allowed in part.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

C & P Holdings sued Witco Industries for breach of contract related to the design, build, and installation of ISO tank cleaning facilities. The court dismissed the claim and allowed Witco's counterclaim.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
C & P Holdings Pte LtdPlaintiffCorporationClaim DismissedLost
Witco Industries Pte LtdDefendantCorporationCounterclaim Allowed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Bevin NettoNetto and Magin LLC
Pang Xiang Zhong PeterPeter Pang and Co
Mahmood GaznaviMahmood Gaznavi and Partners

4. Facts

  1. Plaintiff commissioned defendant to design and build ISO Tank Cleaning and Wastewater Treatment Facilities.
  2. The facilities were to be delivered and installed by 30 November 2004.
  3. The total contract sum was $584,850 inclusive of goods and services tax.
  4. The initial down payment of $200,000 was paid.
  5. The defendant claimed the plaintiff did not wish to make the corresponding payment.
  6. The plaintiff gave an incomplete and unbankable cheque.
  7. The plaintiff terminated the contract on 23 December 2004.

5. Formal Citations

  1. C & P Holdings Pte Ltd v Witco Industries Pte Ltd, , [2006] SGHC 8

6. Timeline

DateEvent
Contract signed
Plaintiff invited to inspect equipment
Defendant delivered part of the equipment
Seow agreed with Kwek for delivery of the rest of the equipment to be made on 17 December 2004
Defendant arrived at plaintiff’s premises with the equipment but left without unloading
Defendant delivered the remaining equipment
Defendant notified by its bank that the plaintiff’s cheque was dishonoured
Contract terminated
Judgment reserved

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found that the plaintiff, C & P Holdings, was in breach of contract for failing to make payment.
    • Category: Substantive
    • Sub-Issues:
      • Failure to make payment
      • Failure to honour contractual delivery date

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Construction

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

  • ISO Tank Cleaning and Wastewater Treatment Facilities
  • Contractual delivery and installation date
  • Down payment
  • Progressive claims
  • Defects liability period
  • Dishonoured cheque
  • Termination of contract

15.2 Keywords

  • breach of contract
  • ISO tank cleaning
  • wastewater treatment
  • construction
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Breach of Contract90
Contract Law80
Commercial Disputes60

16. Subjects

  • Construction Dispute
  • Contract Law