Lee Chee Wei v Tan Hor Peow Victor: Assessment of Damages for Breach of Contract

In Lee Chee Wei v Tan Hor Peow Victor and Others, the Singapore High Court addressed the assessment of damages following a breach of contract. The plaintiff, Lee Chee Wei, sued Tan Hor Peow Victor, Yip Hwai Chong, and Damien Ang Tse Aun for failing to purchase his 2.5% stake in Distribution Management Solutions Pte Ltd. The court, presided over by Justice Choo Han Teck, determined that damages should be assessed based on the share value at the date of the breach (April 30, 2005) rather than the date of judgment. The court awarded damages of $3.57 million against the first, third, and fourth defendants.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court assessed damages for breach of contract, determining the valuation date for shares in Distribution Management Solutions Pte Ltd. The court awarded $3.57m in damages.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lee Chee WeiPlaintiffIndividualJudgment for PlaintiffWon
Tan Hor Peow VictorDefendantIndividualJudgment against DefendantLost
Yip Hwai ChongDefendantIndividualJudgment against DefendantLost
Damien Ang Tse AunDefendantIndividualJudgment against DefendantLost
Ong Ghim ChoonDefendantIndividualNo outcome specifiedNeutral

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Samantha OngHarry Elias Partnership
Philip FongHarry Elias Partnership
Evangeline PohHarry Elias Partnership
Ng Lip ChihNg Lip Chih & Co

4. Facts

  1. The plaintiff sued the defendants for breach of contract for failing to purchase his 2.5% stake in Distribution Management Solutions Pte Ltd.
  2. The contract price for the plaintiff’s shares was $4.5m, of which $750,000 had been paid.
  3. The plaintiff claimed damages as an alternative to specific performance.
  4. The court assessed the value of the shares as of April 30, 2005, to be $180,000.
  5. The court awarded damages of $3.57m against the first, third, and fourth defendants jointly.

5. Formal Citations

  1. Lee Chee Wei v Tan Hor Peow Victor and Others, Suit 488/2005, NA 8/2008, [2008] SGHC 88

6. Timeline

DateEvent
Date of breach
Suit 488/2005 filed
Date of judgment referenced
Decision Date

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found the first, third, and fourth defendants liable for breach of contract for failing to purchase the plaintiff's shares.
    • Category: Substantive
  2. Assessment of Damages
    • Outcome: The court determined that damages should be assessed based on the value of the shares at the date of the breach (April 30, 2005) rather than the date of judgment.
    • Category: Procedural
    • Related Cases:
      • [2000] 4 SLR 376

8. Remedies Sought

  1. Damages
  2. Specific Performance

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ho Kian Siang & Anor v Ong Cheng Hoo & OrsUnknownYes[2000] 4 SLR 376SingaporeCited regarding the assessment of damages-in-lieu of specific performance, but distinguished by the court because the plaintiff in this case pursued specific performance until the end of the trial.

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

  • Breach of contract
  • Assessment of damages
  • Specific performance
  • Share valuation
  • Distribution Management Solutions Pte Ltd

15.2 Keywords

  • breach of contract
  • damages
  • share valuation
  • Singapore High Court

17. Areas of Law

Area NameRelevance Score
Damages80
Breach of Contract75
Contract Law70
Commercial Disputes60
Share Valuation50
Judgments and Orders40

16. Subjects

  • Contract Law
  • Damages