Asia Polyurethane v Tandjung Marketing: Breach of Contract & Fiduciary Duty Dispute

In a suit before the High Court of Singapore, Asia Polyurethane Mfg Pte Ltd, managed by Erman Tandjung, sued Tandjung Marketing International Pte Ltd, managed by Ertah Tandjung, for breach of contract and fiduciary duty related to payments from Shanghai Vehicle Awning Ltd (SVA). Asia Polyurethane alleged that Tandjung Marketing failed to remit payment for the fifth shipment under Contract 2293. Tandjung Marketing counterclaimed for unpaid commissions. The court, presided over by Justice Choo Han Teck, dismissed both the claim and counterclaim, citing deficiencies in pleadings and evidence.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiff's claim and defendant's counterclaim dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Asia Polyurethane sued Tandjung Marketing for breach of contract and fiduciary duty. The court dismissed both the claim and counterclaim due to pleading deficiencies.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Asia Polyurethane Mfg Pte LtdPlaintiffCorporationClaim DismissedDismissed
Tandjung Marketing International Pte LtdDefendantCorporationCounterclaim DismissedDismissed

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Goh Peck SanP S Goh & Co
Christopher YapP S Goh & Co
Letchamanan DevadasonP Tan & Company
Pauline Tan Kwee SainP Tan & Company

4. Facts

  1. Asia Polyurethane sued Tandjung Marketing for failing to remit payment for the fifth shipment to SVA.
  2. Ertah Tandjung managed Tandjung Marketing and is the son of Tan Kay Seng (TKS).
  3. TKS managed Asia Polyurethane and is the father of Ertah Tandjung.
  4. The dispute arose from a contract between Asia Polyurethane and SVA, facilitated by Tandjung Marketing.
  5. Tandjung Marketing counterclaimed for unpaid commissions.
  6. The defendant argued that TKS had agreed to a set-off of debts in exchange for Ertah attending his anniversary celebration.
  7. The court found that the defendant did not pay the plaintiff the US$52,350 for the fifth shipment.

5. Formal Citations

  1. Asia Polyurethane Mfg Pte Ltd v Tandjung Marketing International Pte Ltd, Suit 252/2006, [2007] SGHC 3

6. Timeline

DateEvent
Ertah Tandjung employed by Asia Polyurethane Mfg Pte Ltd
Ertah Tandjung left Asia Polyurethane Mfg Pte Ltd
TKS wrote a letter in Chinese to Ertah
The Commission Agreement was drafted
TKS signed the Commission Agreement
Order for the fifth shipment was placed by the defendant
Goods shipped for the fifth shipment
TKS wrote in the Sales Confirmation Order
End of initial contract term for commission agent
Tan Kay Seng (TKS) died
Suit 252/2006 filed
Judgment reserved

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found that the plaintiff's claim for breach of contract failed due to deficiencies in pleading and evidence.
    • Category: Substantive
    • Sub-Issues:
      • Failure to properly plead claim
      • Failure to properly plead defence
  2. Breach of Fiduciary Duty
    • Outcome: The court did not find sufficient evidence to support the claim of breach of fiduciary duty.
    • Category: Substantive
  3. Set-off
    • Outcome: The court found that the defendant's claim for set-off failed because it was not pleaded in the defence.
    • Category: Substantive
  4. Pleadings
    • Outcome: The court emphasized the importance of proper pleadings and found that both the plaintiff and defendant's cases were weakened by deficiencies in their pleadings.
    • Category: Procedural

8. Remedies Sought

  1. Payment for goods
  2. Account of profits
  3. Monetary Damages

9. Cause of Actions

  • Breach of Contract
  • Breach of Fiduciary Duty

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Chemicals
  • Fertilisers
  • Manufacturing
  • Trading

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

  • Commission Agreement
  • Contract 2293
  • Fifth shipment
  • Set-off
  • Supplementary Agreement
  • Shanghai Vehicle Awning Ltd
  • Pleadings

15.2 Keywords

  • breach of contract
  • fiduciary duty
  • pleadings
  • set-off
  • commission
  • Asia Polyurethane
  • Tandjung Marketing

17. Areas of Law

Area NameRelevance Score
Breach of Contract85
Contract Law75
Civil Practice70
Pleadings70
Set-off65
Agency Law60
Commission Agreement55
Fiduciary Duties50
Crossclaims40
Estoppel30

16. Subjects

  • Contract Law
  • Civil Procedure
  • Agency Law