ComfortDelGro Engineering v City Ken: Dispute over Automobile Repair Contract and Amendment of Claim
In ComfortDelGro Engineering Pte Ltd v City Ken Pte Ltd, the High Court of Singapore addressed a dispute arising from a contract between the two companies for automobile repair services. ComfortDelGro Engineering claimed that City Ken owed them $9,747,850.79 for repair invoices. City Ken argued that an implied term existed regarding settlement amounts and raised a time bar defense. ComfortDelGro Engineering amended its statement of claim, leading to a review of costs awarded to City Ken for the amendment. The court dismissed City Ken's application for a higher cost award, finding the initial award reasonable.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment reserved.
1.5 Jurisdiction
Singapore
1.6 Description
ComfortDelGro Engineering sued City Ken over a contract dispute. The court reviewed costs awarded after ComfortDelGro amended its claim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| City Ken Pte Ltd | Defendant | Corporation | Costs order review sought but application dismissed | Neutral | |
| Comfortdelgro Engineering Pte Ltd | Plaintiff | Corporation | Costs order review dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Deborah Barker | KhattarWong |
| Audra Balasingam | KhattarWong |
| Indranee Rajah | Yu & Co |
| Sammuel Lee | Yu & Co |
4. Facts
- The plaintiff and defendant are companies carrying on the business of repairing automobiles.
- A contract was made between the plaintiff and defendant on 29 August 1997 and varied on 30 April 2003.
- The agreement envisaged that the plaintiff would set up a workshop in CityCab’s premise.
- The plaintiff would repair damaged taxis and then bill the defendant who would pay 80% of the bill.
- The plaintiff alleged that the defendant did not inform it of its efforts in its claims against the other parties involved in collisions with its client’s taxis.
- The plaintiff alleged that it had rendered invoices amounting to $12,267,972.01 to the defendant, but was paid only $2,520,121.22 and thus claimed that a sum of $9,747,850.79 was outstanding.
- The defendant averred in its defence that it was an “implied term” of the contract that the settlement reached by the defendant with the other parties would be the full and final settlement of all claims between the plaintiff and the defendant.
5. Formal Citations
- ComfortDelGro Engineering Pte Ltd v City Ken Pte Ltd, SUM 5628/2007, BOC 215/2007, [2008] SGHC 19
6. Timeline
| Date | Event |
|---|---|
| Contract made between ComfortDelGro Engineering and City Ken. | |
| Contract varied, according to the plaintiff’s claim. | |
| Defendant sought to set-off a sum of $248,421.66 against the sum of $248,492.46. | |
| Plaintiff’s statement of claim filed. | |
| Defendant's appearance. | |
| Order granting leave to amend the statement of claim was made. | |
| Statement of claim was amended. | |
| Judgment reserved. |
7. Legal Issues
- Costs thrown away due to amendment of pleadings
- Outcome: The court held that the Assistant Registrar was entitled to order that costs for the amendment be costs thrown away to the defendant and that the amounts ordered were reasonable.
- Category: Procedural
8. Remedies Sought
- Account of all sums due
- Payment of sums due
9. Cause of Actions
- Breach of Contract
- Negligence
10. Practice Areas
- Commercial Litigation
11. Industries
- Automobile Repair
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
- Over payment returns
- Implied term
- Set-off
- Costs thrown away
- Amendment of pleadings
15.2 Keywords
- contract dispute
- automobile repair
- costs
- amendment of claim
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 75 |
| Breach of Contract | 60 |
| Contract Law | 60 |
| Costs | 50 |
| Automobile Repair Business | 40 |
16. Subjects
- Civil Procedure
- Contract Law
- Costs