Then Kwen Choy Kevin v VibroPower: Commission Dispute Over Diesel Generator Sales

Then Kwen Choy Kevin sued VibroPower Pte Ltd in the High Court of Singapore on 24 June 2008, claiming unpaid commission for diesel electricity generator sales. The court, presided over by Choo Han Teck J, dismissed the plaintiff's claim, finding that the sales in question were made by a separate sales team and not directly by the plaintiff, thus he was not entitled to the commission under the employment contract.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiff's claim dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Assistant general manager sues VibroPower for unpaid commission on diesel generator sales. The court dismissed the claim, finding the plaintiff not entitled to commission.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Then Kwen Choy KevinPlaintiffIndividualClaim DismissedLost
VibroPower Pte LtdDefendantCorporationJudgment for DefendantWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Leong Sue LynnWong & Lim
Ponniah James LeslieWong & Lim
Yong Shuk Lin VanessaRodyk & Davidson LLP
Lok Vi MingRodyk & Davidson LLP
Derek Kang Yu HsienRodyk & Davidson LLP
Pan Xingzheng EdricRodyk & Davidson LLP

4. Facts

  1. The plaintiff was employed as assistant general manager of marketing at VibroPower.
  2. The plaintiff's employment contract included a commission scheme based on sales performance.
  3. The plaintiff claimed commission for sales made between 2004 and 2006, and a balance from 2003.
  4. The defendant argued that the plaintiff did not meet the sales target to be entitled to commission.
  5. The dispute centered on whether sales made in India should be attributed to the plaintiff.
  6. The court found that the sales in India were made by a separate team, not the plaintiff.
  7. The plaintiff's assistance to the Indian sales team was deemed minimal and part of his general duties.

5. Formal Citations

  1. Then Kwen Choy Kevin v VibroPower Pte Ltd, Suit 148/2007, [2008] SGHC 94

6. Timeline

DateEvent
Employment contract signed
Employment terminated
Suit filed
Judgment reserved

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found no breach of contract, as the plaintiff did not meet the sales target to be entitled to commission.
    • Category: Substantive
    • Sub-Issues:
      • Interpretation of commission clause

8. Remedies Sought

  1. Monetary Damages
  2. Interests on the commission

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Manufacturing

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
  • Diesel electricity generators
  • Nett margin
  • Sales target
  • Employment contract

15.2 Keywords

  • Commission
  • Employment
  • Contract
  • Sales
  • Diesel Generators

17. Areas of Law

Area NameRelevance Score
Commission80
Breach of Contract75
Contract Law70
Employment Law60

16. Subjects

  • Employment Contract
  • Commission Dispute