Chun Cheng Fishery v Chuang Hern Hsiung: Breach of Fiduciary Duty & Damages Assessment

In Chun Cheng Fishery Enterprise Pte Ltd v Chuang Hern Hsiung, the Singapore High Court heard the assessment of damages after the defendants, Chuang Hern Hsiung and Chuang Hsin-Yi, were found liable for breach of contractual and fiduciary duties, conspiracy to injure, and unlawful interference in the plaintiff's business. The court awarded damages to Chun Cheng Fishery for professional fees, loss of revenue due to reduced credit facilities, and losses from overstocking mahi mahi, totaling S$1,593,339.83.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for the plaintiff; damages assessed and awarded for various claims.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court case involving Chun Cheng Fishery's claim against Chuang Hern Hsiung for breach of fiduciary duties. The court assessed damages.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Chun Cheng Fishery Enterprise Pte LtdPlaintiffCorporationJudgment for PlaintiffWon
Chuang Hern HsiungDefendantIndividualDamages AssessedLost
Chuang Hsin-YiDefendantIndividualDamages AssessedLost

3. Judges

Judge NameTitleDelivered Judgment
Then Ling ARAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Lim Kim HongKim & Co
Tan Cheng HanKim & Co
Yong Shuk Lin VanessaRodyk & Davidson LLP
Lok Vi MingRodyk & Davidson LLP

4. Facts

  1. The plaintiff, Chun Cheng Fishery, claimed damages against the defendants for breach of contractual and fiduciary duties.
  2. The defendants were former employees of the plaintiff and directors of its US subsidiary.
  3. The trial judge found the defendants liable for breach of duties, conspiracy, and unlawful interference.
  4. The Court of Appeal confined damages to acts of the defendants from 1 May 2005.
  5. The plaintiff claimed for professional fees, loss of revenue, and loss from overstocking mahi mahi.
  6. The court considered the reasonableness of engaging consultants and the quantification of losses.

5. Formal Citations

  1. Chun Cheng Fishery Enterprise Pte Ltd v Chuang Hern Hsiung, Suit No 763 of 2005 (NA47 of 2009), [2010] SGHC 298

6. Timeline

DateEvent
Plaintiff commenced action against the defendants.
Trial for the issue of liability began.
Trial for the issue of liability ended.
Trial judge granted interlocutory judgment for the plaintiff.
Trial judge's Grounds of Decision issued.
Judgment reserved.

7. Legal Issues

  1. Breach of Fiduciary Duty
    • Outcome: The court upheld the finding of breach of fiduciary duty.
    • Category: Substantive
    • Related Cases:
      • [2004] SGHC 76
  2. Assessment of Damages
    • Outcome: The court assessed and awarded damages for various claims.
    • Category: Procedural

8. Remedies Sought

  1. Damages

9. Cause of Actions

  • Breach of Contractual Duty
  • Breach of Fiduciary Duty
  • Conspiracy to Injure
  • Unlawful Interference in Business

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Fishery
  • Import/Export

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
John While Springs (S) Pte Ltd and another v Goh Sai Chuah Justin and OthersHigh CourtYes[2004] SGHC 76SingaporeCited for the principle that costs incurred in investigating a defendant's transgression are claimable as damages for breach of fiduciary duties.
British Motor Trade Association v Salvadori and OthersChYes[1949] 1 Ch 556England and WalesCited in John While Springs for the principle that investigation expenses resulting from a breach of fiduciary duties are claimable as damages.

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

  • Fiduciary Duty
  • Damages Assessment
  • Overstocking
  • Credit Facilities
  • Professional Fees
  • Mahi Mahi

15.2 Keywords

  • breach of fiduciary duty
  • damages
  • assessment
  • fishery
  • credit facilities
  • overstocking
  • mahi mahi

17. Areas of Law

Area NameRelevance Score
Commercial Disputes90
Damages85
Fiduciary Duties80
Breach of Contract75
Conspiracy by Unlawful Means70
Company Law65
Inducement of Breach of Contract60
Contract Law60
Fraud and Deceit50

16. Subjects

  • Commercial Dispute
  • Fiduciary Duty
  • Damages