Biomedia Pharma v TAC Distribution: Breach of Contract for HVAC System Failure

In Biomedia Pharma Pte Ltd (formerly known as Malaysia Chemist Pte Ltd) v TAC Distribution Pte Ltd (trading as Trane Singapore) (Amcrotech Pte Ltd, third party), the High Court of Singapore ruled in favor of Biomedia Pharma, finding TAC Distribution in breach of contract for failing to provide a Heating Ventilating Air-conditioning system that met Good Manufacturing Practice standards. Biomedia Pharma sued TAC Distribution after the system failed a Health Sciences Authority audit, preventing them from obtaining a license for their factory. The court dismissed TAC Distribution's counterclaim and their claim against the third party, Amcrotech Pte Ltd.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for the plaintiff with damages to be assessed. Defendant's counterclaim is dismissed. Defendant's claim against the third party is also dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment reserved

1.5 Jurisdiction

Singapore

1.6 Description

Biomedia Pharma sued TAC Distribution for breach of contract due to a faulty HVAC system. The court found TAC Distribution liable, dismissing their counterclaim.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Biomedia Pharma Pte Ltd (formerly known as Malaysia Chemist Pte Ltd)PlaintiffCorporationJudgment for PlaintiffWonMansurhusain Akbar Hussein, Remesha Pillai
TAC Distribution Pte Ltd (trading as Trane Singapore)DefendantCorporationCounterclaim DismissedLostNiru Pillai
Amcrotech Pte LtdThird PartyCorporationClaim DismissedNeutralMichael Chia Peng Chuang

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Mansurhusain Akbar HusseinJacob Mansur & Pillai
Remesha PillaiJacob Mansur & Pillai
Niru PillaiGlobal Law Alliance LLC
Michael Chia Peng ChuangPereira & Tan LLC

4. Facts

  1. The plaintiff required an HVAC system compliant with GMP standards for their factory.
  2. The defendant contracted to design and install the HVAC system.
  3. The HVAC system failed to meet GMP standards and the HSA withheld approval.
  4. The defendant sub-contracted the work to Amcrotech Pte Ltd.
  5. The defendant rejected advice to supply a more powerful HVAC system.
  6. The system supplied by the defendant produced only 27,000 Cmh of airflow.

5. Formal Citations

  1. Biomedia Pharma Pte Ltd (formerly known as Malaysia Chemist Pte Ltd) v TAC Distribution Pte Ltd (trading as Trane Singapore) (Amcrotech Pte Ltd, third party), Suit No 143 of 2009, [2010] SGHC 330

6. Timeline

DateEvent
Work commenced on HVAC system installation.
Original completion date for HVAC system installation.
Defendant sub-contracted with the third party, Amcrotech Pte Ltd, to carry out the work.
Judgment reserved.

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found the defendant in breach of contract for failing to provide an HVAC system that complied with GMP standards.
    • Category: Substantive
    • Sub-Issues:
      • Failure to meet GMP standards
      • Failure to obtain HSA approval

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Pharmaceutical

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Medicines ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • HVAC system
  • GMP standards
  • HSA approval
  • Wet lab
  • Dry lab

15.2 Keywords

  • HVAC
  • GMP
  • Biomedia Pharma
  • TAC Distribution
  • Breach of Contract

16. Subjects

  • Contract Dispute
  • Construction Dispute

17. Areas of Law

  • Contract Law
  • Construction Law