Chip Hup Hup Kee Construction v Lim Lian Choon: Misappropriation, Accounting, and Wrongful Termination Dispute

In a High Court case in Singapore on 2010-02-05, Chip Hup Hup Kee Construction Pte Ltd sued its former employee, Lim Lian Choon, for misappropriation of funds, failure to account for plant and machinery, failure to account for proceeds from scrap metal sales, and failure to maintain the company warehouse. Lim Lian Choon disputed the claims and counterclaimed for wrongful termination. The court, presided over by Kan Ting Chiu J, dismissed all five claims by Chip Hup Hup Kee Construction and ruled in favor of Lim Lian Choon on his counterclaim for wrongful termination, with damages to be assessed by the Registrar.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiff's action dismissed with costs; Interlocutory judgment for Defendant on counterclaim with damages to be assessed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case involving Chip Hup Hup Kee Construction's claims against Lim Lian Choon for misappropriation, failure to account, and wrongful termination. The court dismissed the claims and ruled in favor of Lim Lian Choon's counterclaim.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Chip Hup Hup Kee Construction Pte LtdPlaintiffCorporationAction DismissedLost
Lim Lian ChoonDefendantIndividualInterlocutory judgment on counterclaimPartial

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Philip LingWong Tan & Molly Lim LLC
Hwa Hoong LuanWong Tan & Molly Lim LLC
Randolph KhooDrew & Napier LLC
Johnson LooDrew & Napier LLC

4. Facts

  1. Lim Lian Choon was employed by Chip Hup Hup Kee Construction Pte Ltd.
  2. Lim Lian Choon's employment was terminated on 2006-11-30.
  3. Chip Hup Hup Kee Construction claimed Lim Lian Choon misappropriated seven cash cheques.
  4. Chip Hup Hup Kee Construction claimed Lim Lian Choon failed to account for plant and machinery.
  5. Chip Hup Hup Kee Construction claimed Lim Lian Choon failed to account for proceeds from scrap metal sales.
  6. Chip Hup Hup Kee Construction claimed Lim Lian Choon failed to maintain the company warehouse.
  7. Lim Lian Choon counterclaimed for wrongful termination.

5. Formal Citations

  1. Chip Hup Hup Kee Construction Pte Ltd v Lim Lian Choon, Suit No 165 of 2007, [2010] SGHC 44

6. Timeline

DateEvent
Lim Lian Choon employed as site foreman of Chip Hup Hup Kee Construction Pte Ltd.
Lim Lian Choon promoted to Plant and Machinery Manager.
Alleged removal of Diesel Bar Benders and Bar Cutter from worksite.
Lim Lian Choon's employment terminated.
Creative and the plaintiff settled the amounts for the project by a revised statement of accounts.
Chip Hup Hup Kee Construction Pte Ltd filed action against Lim Lian Choon.
Tan Kah Loo's Affidavit of Evidence-in-Chief dated.
Creative issued an open letter.
Judgment reserved.

7. Legal Issues

  1. Misappropriation of Funds
    • Outcome: The court ruled against the plaintiff's claim of misappropriation.
    • Category: Substantive
  2. Failure to Account
    • Outcome: The court ruled against the plaintiff's claim of failure to account.
    • Category: Substantive
  3. Wrongful Termination
    • Outcome: The court ruled in favor of the defendant's counterclaim of wrongful termination.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages
  2. Account of Profits
  3. Indemnity

9. Cause of Actions

  • Breach of Contract
  • Conversion
  • Breach of Duty
  • Wrongful Termination

10. Practice Areas

  • Commercial Litigation
  • Construction Disputes
  • Employment Disputes

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Section 381 of the Penal Code (Chapter 224)Singapore
s 45A(1) of the Evidence Act (Cap 97, 1997 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Misappropriation
  • Accounting
  • Wrongful Termination
  • Cash Cheques
  • Plant and Machinery
  • Scrap Metal
  • Warehouse
  • Employment
  • Termination

15.2 Keywords

  • misappropriation
  • accounting
  • wrongful termination
  • construction
  • employment

17. Areas of Law

Area NameRelevance Score
Abuse of Trust60
Breach of Trust60
Fraud and Deceit50
Breach of Contract40
Company Law40
Misconduct40
Corporate Law30
Business Law30
Breach of director's duties30
Torts30
Director's Liability30

16. Subjects

  • Employment Law
  • Construction Law
  • Contract Law