Alliance Concrete v Sato Kogyo: Discovery of Documents Dispute over Sand Ban Impact on RMC Supply
In Alliance Concrete Singapore Pte Ltd v Sato Kogyo (S) Pte Ltd, the Singapore High Court addressed the plaintiff's appeal against an Assistant Registrar's decision to grant the defendant's application for discovery of documents. The dispute arose from a claim by Alliance Concrete for $2,055,670.65 for ready-mixed concrete (RMC) supplied to Sato Kogyo after a sand ban, which Sato Kogyo denied, filing a counterclaim for additional costs and project delays. The court dismissed the appeal, finding the requested documents relevant to determining whether the sand ban rendered Alliance Concrete's performance impossible.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed with costs to be paid by the plaintiff to the defendant.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case regarding a dispute over discovery of documents related to a sand ban's impact on a ready-mixed concrete supply contract.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Sato Kogyo (S) Pte Ltd | Defendant, Respondent | Corporation | Application for Discovery Granted | Won | |
| Alliance Concrete Singapore Pte Ltd | Plaintiff, Appellant | Corporation | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
4. Facts
- Plaintiff is a manufacturer and supplier of ready-mixed concrete (RMC).
- Defendant is a building and construction company.
- Plaintiff was to supply defendant with RMC for three projects.
- Indonesian Government issued a prohibition on the export of concreting sand from Indonesia to Singapore on 22 January 2007.
- The ban took effect on 6 February 2007.
- BCA and SCAL devised a scheme for the release of sand from government stockpiles.
- Plaintiff claims $2,055,670.65 for RMC supplied to the defendant’s worksites following the Sand Ban.
5. Formal Citations
- Alliance Concrete Singapore Pte Ltd v Sato Kogyo (S) Pte Ltd, Suit No 465 of 2007 (Registrar's Appeal No 264 of 2010), [2010] SGHC 338
6. Timeline
| Date | Event |
|---|---|
| Defendant was main contractor for Boon Lay MRT Project, NTU Project, and Harbourfront Project. | |
| Plaintiff was to supply defendant with up to 135,000 cubic metres of RMC. | |
| Indonesian Government issued a prohibition on the export of concreting sand from Indonesia to Singapore. | |
| Building and Construction Authority of Singapore (BCA) and the Singapore Contractors Association Limited (SCAL) devised a scheme for the release of sand from the Singapore government stockpiles. | |
| The Sand Ban took effect. | |
| Defendant ceased to place orders for RMC with the plaintiff. | |
| Plaintiff commenced action against defendant. | |
| Order of Court in Registrar’s Appeal No 242 of 2008. | |
| Plaintiff filed a Supplementary List of Documents. | |
| Plaintiff’s Statement of Claim (Amendment No. 2) filed. | |
| Plaintiff’s Reply and Defence to Counterclaim (Amendment No. 3) filed. | |
| High Court dismissed the appeal. |
7. Legal Issues
- Discovery of Documents
- Outcome: The court dismissed the plaintiff's appeal, upholding the order for discovery of documents.
- Category: Procedural
- Related Cases:
- [2002] 2 SLR(R) 465
- [2004] SGHC 142
- [2004] 4 SLR(R) 39
- Frustration of Contract
- Outcome: The court found that the requested documents were relevant to determining whether the Sand Ban rendered the plaintiff's performance of its obligations under the contracts impossible.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Construction Law
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Chin Seng v Raffles Town Club Pte Ltd | High Court | Yes | [2002] 2 SLR(R) 465 | Singapore | Cited for the principle that the question of relevance is determined by reference to the issues raised by the parties’ pleadings. |
| Management Corporation Strata Title Plan No 2297 v Seasons Park Ltd | High Court | Yes | [2004] SGHC 142 | Singapore | Cited for the principle that at the interlocutory stage, the court should determine only whether the document in question may reasonably be expected to assist in proving or disproving the fact in issue. |
| Bayerische Hypo-und Vereinsbank AG v Asia Pacific Breweries (Singapore) Pte Ltd and other applications | High Court | No | [2004] 4 SLR(R) 39 | Singapore | Cited regarding the breadth of documents requested and the difficulty for the court to decide whether the documents are necessary for disposing fairly of the matter or cause before proceedings are commenced or for saving costs. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, Rule 5, 2006 Rev Ed) | Singapore |
| O 24 r 7 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Ready-Mixed Concrete
- Sand Ban
- BCA Procedure
- Monthly Material Status records
- Discovery of Documents
- Frustration of Contract
- Impossibility of Performance
15.2 Keywords
- ready-mixed concrete
- sand ban
- discovery
- construction
- contract
- singapore
17. Areas of Law
16. Subjects
- Civil Procedure
- Contract Law
- Construction Law
- Discovery