Khoo Eng Hock Patrick v Eastlink Shipbroking: Wrongful Termination & Profit Account Dispute

Khoo Eng Hock Patrick and Michael Kitara Tay Min Teck commenced an action against Eastlink Shipbroking Pte Ltd and Loy Kok Toon in the High Court of Singapore for damages arising from wrongful termination of employment, assault, battery, false imprisonment, and for an account of profits in a joint venture. The parties reached a settlement, and a consent judgment was recorded. A dispute arose regarding the special accountant's report on the joint venture accounts. Choo Han Teck J dismissed the defendants' application to set aside the special accountant's report, holding that the defendants' recourse lies against the special accountant if they believe there was a breach of duty.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Defendants' application dismissed with costs on an indemnity basis.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Settlement reached in wrongful termination and profit account dispute. The court dismissed the defendant's application to set aside the special accountant's report.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Khoo Eng Hock PatrickPlaintiffIndividualApplication GrantedWon
Michael Kitara Tay Min TeckPlaintiffIndividualApplication GrantedWon
Eastlink Shipbroking Pte LtdDefendantCorporationApplication DismissedLost
Loy Kok ToonDefendantIndividualApplication DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Mark ChengRajah & Tann LLP
Raelene Su-Lin PereiraRajah & Tann LLP
Winston KwekRajah & Tann LLP
Ong Ying PingOng Tay & Partners
Susan Tay Ting LanOng Tay & Partners

4. Facts

  1. Plaintiffs sued defendants for wrongful termination, assault, battery, false imprisonment, and an account of profits.
  2. The parties reached a settlement on the fifth day of trial.
  3. A consent judgment was recorded, including a share of joint venture profits for the plaintiffs.
  4. A special accountant was jointly appointed to prepare the accounts.
  5. The defendants disagreed with the special accountant's final report.
  6. The defendants applied to set aside the special accountant’s report, alleging errors and bias.

5. Formal Citations

  1. Khoo Eng Hock Patrick and Another v Eastlink Shipbroking Pte Ltd and Another, Suit 368/2006, SUM 5329/2008, [2009] SGHC 52

6. Timeline

DateEvent
Action commenced in Suit No 368 of 2006
Consent order recorded
Special accountant issued the final joint venture accounts
Defendants' solicitors stated disagreement with the special accountant's final report
Defendants' application dismissed

7. Legal Issues

  1. Wrongful Termination of Employment
    • Outcome: Settlement reached; issue not adjudicated on merits.
    • Category: Substantive
  2. Breach of Contract
    • Outcome: Settlement reached; issue not adjudicated on merits.
    • Category: Substantive
  3. Setting Aside Special Accountant's Report
    • Outcome: Application dismissed.
    • Category: Procedural

8. Remedies Sought

  1. Damages
  2. Account of Profits

9. Cause of Actions

  • Wrongful Termination of Employment
  • Assault
  • Battery
  • False Imprisonment
  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Shipping

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

  • Wrongful Termination
  • Joint Venture
  • Special Accountant
  • Consent Judgment
  • Account of Profits
  • Settlement
  • Breach of Duty

15.2 Keywords

  • wrongful termination
  • joint venture
  • account of profits
  • settlement
  • special accountant

17. Areas of Law

Area NameRelevance Score
Civil Practice75
Settlement Agreement65
Breach of Contract60
Wrongful Termination of Employment55
Contract Law50
Joint Venture45
Duty to Account40
Accounting35
Arbitration30
Measure of Damages25
Estoppel20
Costs20

16. Subjects

  • Civil Litigation
  • Employment Dispute
  • Accounting
  • Settlement Agreements