Fish & Co v MFM Restaurants: Damages Assessment for Breach of Contract

In Fish & Co Restaurants Pte Ltd v MFM Restaurants Pte Ltd and Low Theng Yong Dickson, the Singapore High Court addressed an appeal and cross-appeal regarding the Assistant Registrar's assessment of damages. The case stemmed from a consent judgment on 27 November 2006, following MFM's breach of contract with Fish & Co. The primary legal issue was the assessment of damages due to the breach. The court allowed the appeal in part, adjusting the damages awarded.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal allowed in part.

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 MFM Restaurants' breach of contract with Fish & Co, focusing on lost profits due to the breach.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
MFM Restaurants Pte LtdDefendant, RespondentCorporationAppeal partially unsuccessfulPartial
Fish & Co Restaurants Pte LtdPlaintiff, AppellantCorporationAppeal allowed in partPartial
Low Theng Yong DicksonDefendant, RespondentIndividualAppeal partially unsuccessfulPartial

3. Judges

Judge NameTitleDelivered Judgment
Belinda Ang Saw EanJudgeYes

4. Counsels

Counsel NameOrganization
Daniel JohnGoodwins Law Corporation
Marc WangGoodwins Law Corporation
Tony YeoDrew & Napier LLC
Rosalynne AsmaliDrew & Napier LLC

4. Facts

  1. Fish & Co and MFM Restaurants are competing seafood restaurant chains.
  2. Dickson, a former Fish & Co employee, became involved with MFM Restaurants.
  3. A Settlement Deed was signed to resolve a prior dispute, including undertakings by MFM and Dickson.
  4. MFM breached the Settlement Deed by using similar serving pans, slogans, and sauces.
  5. Fish & Co filed Suit 670 for breach of contract.
  6. MFM consented to judgment on liability and an order for damages to be assessed.
  7. The Assistant Registrar awarded damages, which were appealed and cross-appealed.

5. Formal Citations

  1. Fish & Co Restaurants Pte Ltd v MFM Restaurants Pte Ltd and Another, Suit 670/2005, RA 152/2008, 153/2008, [2009] SGHC 270

6. Timeline

DateEvent
Lawsuit filed against Dickson (Suit 257)
Settlement Deed signed
First MFM restaurant opened at Plaza Singapura
Suit 670 filed against MFM and Dickson
Consent judgment entered
$50,000 Offer to Settle
Assistant Registrar's decision delivered
Assistant Registrar's decision delivered
Judgment reserved

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found that the defendants breached the contract.
    • Category: Substantive
    • Sub-Issues:
      • Failure to comply with undertakings
      • Use of confidential information
  2. Assessment of Damages
    • Outcome: The court assessed the damages based on lost profits, considering causation and remoteness.
    • Category: Procedural
    • Sub-Issues:
      • Causation
      • Remoteness
      • Proof of Loss

8. Remedies Sought

  1. Monetary Damages
  2. Injunction

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Food and Beverage

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Draper v Trist and Tristbestos Brake Linings LtdNot AvailableYes[1939] 56 RPC 429Not AvailableCited regarding the difficulty of adducing evidence of confusion in the public's mind in passing-off cases.
Hadley v BaxendaleNot AvailableYes(1854) 9 Exch. 341Not AvailableCited for the principle of remoteness of damages in contract law.
Ductline Pty Ltd v Arcric Investments Pty LtdNot AvailableYes(1995) 32 IPR 419Not AvailableCited regarding the recoverability of post-breach loss.
Robertson Quay Investment Pte Ltd v Steen Consultants Pte LtdCourt of AppealYes[2008] 2 SLR 623SingaporeCited regarding the requirement of proving damages.
Galoo v Bright Grahame MurrayCourt of AppealYes[1994] 1WLR 1360Not AvailableCited regarding the application of common sense in determining causation.
Heskell v Continental Express LtdNot AvailableYes[1950] 1 All ER 1035Not AvailableCited regarding the sufficiency of breach of contract as one of two causes.
Cadbury Schweppes Inc v FBI Foods LtdSupreme Court of CanadaYes[1999] 1 SCR 142CanadaCited regarding the measure of damages in a breach of confidence case.
Seager v Copydex (No 2)Not AvailableYes[1969] 1 WLR 809Not AvailableCited regarding the measure of damages in a breach of confidence case.
Dawson & Mason Ltd v PotterNot AvailableYes[1986] 1 WLR 1419Not AvailableCited regarding the measure of damages in a breach of confidence case.
Gerber Garment Technology Inc v Lectra Systems LtdNot AvailableYes[1995] RPC 383Not AvailableCited regarding springboard losses.
Victoria Laundry (Windsor Ltd) v NewmanNot AvailableYes[1949] 2 KB 528Not AvailableCited regarding the principle of remoteness of damages.
The Heron IIHouse of LordsYes[1969] 1 AC 350United KingdomCited regarding the principle of remoteness of damages.
Chaplin v HicksNot AvailableYes[1911] 2 KB 786Not AvailableCited regarding the assessment of damages when certainty is difficult.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Civil Law Act (Cap 43, Rev Ed, 1999), s 12(1)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Settlement Deed
  • Undertakings
  • Breach Period
  • Post Breach Loss
  • Method A
  • Method B
  • Springboard Losses
  • Catering Trade Index
  • O.B. Sauces
  • MFM Sauces

15.2 Keywords

  • breach of contract
  • damages assessment
  • lost profits
  • seafood restaurants
  • settlement deed

17. Areas of Law

Area NameRelevance Score
Breach of Contract90
Damages80
Assessment of Damages75
Contract Law70
Remoteness of Damages65
Commercial Disputes60
Rules in awarding Damages60
Inducement of Breach of Contract40
Estoppel30

16. Subjects

  • Contract Law
  • Damages
  • Commercial Litigation