Anti-Corrosion Pte Ltd v Berger Paints Singapore Pte Ltd: Defective Paint Claim
Anti-Corrosion Pte Ltd, a painting contractor, sued Berger Paints Singapore Pte Ltd in the High Court of Singapore before Philip Pillai J, alleging that Berger Paints supplied defective paint that caused discoloration on a project at Bukit Batok Street 23. Anti-Corrosion claimed damages for the cost of repainting. Berger Paints counterclaimed for unpaid invoices. The court dismissed Anti-Corrosion's claim, finding that the plaintiff failed to prove the paint was defective and allowed Berger Paints' counterclaim for the unpaid invoices.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's action dismissed; Defendant's counterclaim allowed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Painting contractor Anti-Corrosion sued Berger Paints for supplying defective paint. The court dismissed the claim, finding the paint defect not proven.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Anti-Corrosion Pte Ltd | Plaintiff | Corporation | Claim Dismissed | Lost | |
| Berger Paints Singapore Pte Ltd | Defendant | Corporation | Counterclaim Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Philip Pillai | Judge | Yes |
4. Counsels
4. Facts
- The plaintiff is a painting contractor, and the defendant is a paint manufacturer and supplier.
- The defendant supplied the plaintiff with paint for three separate projects since 2005.
- In January 2006, the defendant proposed using its paint for internal surfaces at a project at Toh Guan.
- The defendant stated it was not necessary to apply a sealer coat before applying Berger Decora Emulsion.
- In July 2007, the defendant proposed using its paints in a project located at Bukit Batok Street 23.
- Painting works at the Bukit Batok project were carried out between September 2007 and April 2008.
- In April 2008, the plaintiff complained that various internal surfaces in the Bukit Batok project had discoloured.
5. Formal Citations
- Anti-Corrosion Pte Ltd v Berger Paints Singapore Pte Ltd, Suit No 989 of 2009, [2010] SGHC 351
6. Timeline
| Date | Event |
|---|---|
| Defendant started supplying paint to the plaintiff for three separate projects. | |
| Defendant submitted a proposal to the plaintiff for a project at Toh Guan, including the use of its paint for internal surfaces. | |
| Defendant sent a letter stating that a sealer coat was not necessary before applying Berger Decora Emulsion. | |
| Defendant granted the plaintiff a warranty on the proposed paint. | |
| Defendant approached the plaintiff with a proposal to use its paints in a project located at Bukit Batok Street 23. | |
| Painting works at the Project were carried out. | |
| Painting works at the Project were carried out. | |
| Plaintiff complained to the defendant that various internal surfaces in the Project had discoloured. | |
| Plaintiff sent the defendant a letter stating the total cost of repainting. | |
| Plaintiff carried out repainting works. | |
| Plaintiff carried out repainting works. | |
| Suit No 989 of 2009 filed. | |
| Mr Sundararajan s/o Nadarajan’s AEIC filed. | |
| Mr Lee Kok Soon George’s affidavit filed. | |
| Decision Date |
7. Legal Issues
- Defective Goods
- Outcome: The court found that the plaintiff had not proven on the balance of probabilities that the defects in the paint had caused the discoloration.
- Category: Substantive
- Breach of Contract
- Outcome: The court did not find the defendant liable for breach of contract.
- Category: Substantive
- Contractual Exclusion of Liability
- Outcome: The court did not need to consider this issue because the defendant's liability was not established.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Defective Goods
10. Practice Areas
- Commercial Litigation
11. Industries
- Construction
- Manufacturing
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Unfair Contract Terms Act (Cap. 396, 1994 Rev Ed) | Singapore |
| Sale of Goods Act (Cap. 393, 1999 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Discoloration
- Defective Paint
- Sealer Coat
- Skim Coat
- Warranty
- Product Data Sheet
15.2 Keywords
- paint
- discoloration
- defective
- contract
- construction
17. Areas of Law
16. Subjects
- Contract Dispute
- Sale of Goods
- Construction Dispute