WBG Network v Sunny Daisy: Summary Judgment & Admissibility of Evidence

WBG Network (S) Pte Ltd appealed a summary judgment granted to Sunny Daisy Ltd by the High Court of Singapore. Sunny Daisy Ltd sued WBG Network for failing to make full payment for goods delivered. WBG Network denied liability, claiming the contract was with Internation Chlorella Co, Ltd, the amount claimed was excessive, and the goods were not of merchantable quality. The High Court granted summary judgment to Sunny Daisy Ltd. The Court of Appeal dismissed WBG Network's appeal, finding no triable issue and upholding the High Court's decision.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal dismissed with costs.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

WBG Network (S) Pte Ltd appeals summary judgment to Sunny Daisy Ltd. The court addresses admissibility of new evidence and liability for goods.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Sunny Daisy LtdRespondentCorporationJudgment for RespondentWon
WBG Network (S) Pte LtdAppellantCorporationAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Belinda Ang Saw EanJudgeNo
Choo Han TeckJudgeYes
Andrew Phang Boon LeongJustice of the Court of AppealNo

4. Counsels

Counsel NameOrganization
L Kuppanchetti NadimuthuAlban Tay Mahtani & de Silva
Christopher Buay Kee SengAlban Tay Mahtani & de Silva
Gabriel PeterGabriel Law Corporation
Ismail bin AtanGabriel Law Corporation

4. Facts

  1. WBG Network purchased goods from Sunny Daisy.
  2. WBG Network failed to make full payment for the goods.
  3. Sunny Daisy sued WBG Network for the outstanding amount of US$1,057,164.03.
  4. WBG Network claimed the contract was with Internation Chlorella Co, Ltd.
  5. WBG Network claimed the amount was excessive due to credit notes.
  6. WBG Network claimed the goods were not of merchantable quality.
  7. The goods were delivered to WBG Network between May 2003 and September 2004.
  8. WBG Network sold the goods to its customers.

5. Formal Citations

  1. WBG Network (S) Pte Ltd v Sunny Daisy Ltd, CA 43/2006, [2007] SGCA 1

6. Timeline

DateEvent
Goods delivered to the appellant.
Goods delivered to the appellant.
Email sent from Professor Wang to the appellant.
Letter sent by an overseas lawyer to the appellant’s previous solicitors.
Affidavit of Mr. Lim Lip Khoon dated.
Assistant registrar granted the appellant unconditional leave to defend.
Respondent appealed.
Judgment delivered by the Court of Appeal.

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found that the appellant had breached the contract by failing to make full payment for the goods.
    • Category: Substantive
    • Sub-Issues:
      • Failure to make full payment
  2. Admissibility of Evidence
    • Outcome: The court held that the judge was entitled to apply the conditions in Ladd v Marshall when deciding whether to admit further evidence.
    • Category: Procedural
    • Sub-Issues:
      • Conditions for admitting further evidence on appeal

8. Remedies Sought

  1. Payment of outstanding sum

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Manufacturing
  • Trade

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ladd v MarshallN/AYes[1954] 1 WLR 1489N/ACited for the conditions regarding the admission of further evidence in appeal proceedings.
Lassiter Ann Masters v To Keng LamCourt of AppealYes[2004] 2 SLR 392SingaporeCited regarding the applicability of Ladd v Marshall conditions to Registrar’s Appeals.
Lian Soon Construction Pte Ltd v Guan Qian Realty Pte LtdCourt of AppealYes[1999] 2 SLR 233SingaporeCited regarding the discretion of a judge in chambers to admit fresh evidence.
Ang Leng Hock v Leo Ee AhN/AYes[2004] 2 SLR 361N/ACited for the distinction between adduction of further evidence in interlocutory applications and final decisions.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Sale of Goods Act (Cap 393, 1999 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Summary judgment
  • Merchantable quality
  • Triable issue
  • Admission of evidence
  • Ladd v Marshall
  • Sale of Goods Act
  • Credit notes

15.2 Keywords

  • contract
  • summary judgment
  • evidence
  • appeal
  • sale of goods

17. Areas of Law

Area NameRelevance Score
Contract Law75
Summary Judgement70
Evidence65
Breach of Contract60
Sale of Goods60
Performance of Contract50
Merchantable Quality40

16. Subjects

  • Contract Law
  • Civil Procedure
  • Evidence