Singapore Tourism Board v Children’s Media Ltd: Quistclose Trust & Sponsorship Sum Refund

In Singapore, the High Court heard an appeal by the third defendant, Srinivasan s/o V Namasivayam, against the decision of the assistant registrar regarding damages owed to the plaintiff, Singapore Tourism Board, from Children's Media Ltd and others. The case involved a sponsorship agreement for an event that was not staged. Lee Seiu Kin J dismissed the appeal, upholding the order for the defendants to refund the sponsorship sum and cover wasted man-hour costs.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court dismissed the third defendant's appeal, affirming the order to refund the sponsorship sum due to a failed event.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Singapore Tourism BoardPlaintiff, RespondentStatutory BoardAppeal DismissedWon
Children's Media LtdDefendantCorporation
Srinivasan s/o V NamasivayamDefendant, AppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
Lee Sien Liang JosephRodyk & Davidson LLP
Lok Vi MingRodyk & Davidson LLP
Lim Shu-Shan JeannetteRodyk & Davidson LLP
Srinivasan s/o V NamasivayamHeng Leong & Srinivasan
Rahayu Binte MahzamHeng Leong & Srinivasan

4. Facts

  1. Singapore Tourism Board paid Children's Media Ltd a sponsorship sum of $6,155,250.00.
  2. The sponsorship was for an event to be staged in Singapore.
  3. The event was not staged in Singapore.
  4. The defendants secretly made arrangements to stage the event in New York instead of Singapore.
  5. The Court of Appeal described the defendants' activities as a 'carefully orchestrated pretence'.
  6. The plaintiff incurred wasted man-hour costs of $493,162.60.

5. Formal Citations

  1. Singapore Tourism Board v Children’s Media Ltd and others, Suit No 175 of 2006 (Registrar's Appeal No 418 of 2009), [2010] SGHC 234

6. Timeline

DateEvent
Interlocutory judgment given in favour of the plaintiff
Appeal dismissed by the Court of Appeal
Notice of assessment no 47 of 2009 heard
Appeal heard by Lee Seiu Kin J
Appeal dismissed
Interest on sponsorship sum computed from this date
Interest on wasted man-hours computed from this date

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found that the defendants breached their agreement by not staging the event in Singapore and secretly planning to stage it in New York.
    • Category: Substantive
  2. Quistclose Trust
    • Outcome: The court upheld the existence of a Quistclose trust, requiring the defendants to refund the sponsorship sum in full.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages
  2. Refund of Sponsorship Sum

9. Cause of Actions

  • Breach of Contract
  • Breach of Trust

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Tourism
  • Media
  • Entertainment

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Singapore Tourism Board v Children’s Media LtdHigh CourtYes[2008] 3 SLR(R) 981SingaporeThe High Court judgment established the initial interlocutory judgment in favor of the plaintiff, ordering damages to be assessed by the Registrar.
Singapore Tourism Board v Children’s Media LtdCourt of AppealYes[2009] 1 SLR(R) 524SingaporeThe Court of Appeal dismissed the appeal against the High Court's interlocutory judgment, reinforcing the obligation to refund the sponsorship money if the event was not staged.

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

  • Sponsorship Sum
  • Quistclose Trust
  • Wasted Man-hour Costs
  • Event Staging
  • Refund Obligation

15.2 Keywords

  • Singapore Tourism Board
  • Children's Media Ltd
  • Sponsorship Agreement
  • Quistclose Trust
  • Breach of Contract
  • Refund
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Breach of Contract70
Quistclose trust60
Contract Law60
Sponsorship Agreement50
Trust Law50
Evidence40
Remedies40
Civil Procedure30

16. Subjects

  • Contract Dispute
  • Trust Law
  • Tourism
  • Entertainment Law