Anti-Corrosion v Berger Paints: Damages for Defective Paint & Repainting Costs

In a suit between Anti-Corrosion Pte Ltd and Berger Paints Singapore Pte Ltd, the High Court assessed damages payable by Berger Paints to Anti-Corrosion for supplying defective paint used in the Bukit Batok project. The Court awarded Anti-Corrosion $532,113.48, accounting for repainting costs, replacement paint, and other related expenses, while also considering a set-off for unpaid paint materials. The claim was for breach of warranty.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Damages of $532,113.48 awarded to the plaintiff.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court judgment on damages owed to Anti-Corrosion by Berger Paints for supplying defective paint, leading to repainting costs.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Anti-Corrosion Pte LtdPlaintiffCorporationDamages AwardedWon
Berger Paints Singapore Pte LtdDefendantCorporationDamages PayableLost

3. Judges

Judge NameTitleDelivered Judgment
Philip PillaiJudgeYes

4. Counsels

Counsel NameOrganization
Jonathan YuenHarry Elias Partnership LLP
Joana TeoHarry Elias Partnership LLP
Kenneth LimAllen & Gledhill LLP
Ramesh KumarAllen & Gledhill LLP
Sathiaseelan s/o JagateesanAllen & Gledhill LLP

4. Facts

  1. The plaintiff was subcontracted to paint a building project at Bukit Batok Street 23.
  2. The plaintiff used the defendant's paint based on the defendant's proposed paint system.
  3. Extensive discolouration occurred after the paint was applied.
  4. The plaintiff bought replacement paint from Haruna (S) Pte Ltd and repainted the affected areas.
  5. The original painting works took 7.5 months, while the repainting works took 16 months.
  6. The Court of Appeal found that the paint discolouration was caused by defects in the defendant's paint.
  7. The plaintiff claimed $1,185,545.60 in special damages for the expense of repainting.

5. Formal Citations

  1. Anti-Corrosion Pte Ltd v Berger Paints Singapore Pte Ltd, Suit No 989 of 2009, [2012] SGHC 101

6. Timeline

DateEvent
Court of Appeal decision
Date of writ
Swiss Plan's statement of final account
Judgment reserved

7. Legal Issues

  1. Breach of Warranty
    • Outcome: The Court of Appeal found that the defendant breached an express warranty regarding the fitness and quality of the paint.
    • Category: Substantive
    • Related Cases:
      • [2011] 1 SLR 427
  2. Assessment of Damages
    • Outcome: The High Court assessed the damages payable by the defendant to the plaintiff, considering various heads of claim and applying principles of causation and mitigation.
    • Category: Procedural
    • Related Cases:
      • [1996] 2 SLR(R) 420
      • [1994] 2 SLR(R) 387
      • [1979] AC 91

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract
  • Breach of Warranty

10. Practice Areas

  • Commercial Litigation
  • Construction Litigation

11. Industries

  • Construction
  • Manufacturing

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Anti-Corrosion Pte Ltd v Berger Paints Singapore Pte Ltd and another appealCourt of AppealYes[2011] 1 SLR 427SingaporeSets out the full background to the dispute between the parties.
Anti-Corrosion Pte Ltd v Berger Paints Singapore Pte LtdHigh CourtYes[2010] SGHC 351SingaporeThe High Court initially found that the plaintiff had not proven its case. This decision was later overturned on appeal.
Wee Sia Tian v Long Thik BoonN/AYes[1996] 2 SLR(R) 420SingaporeCited for the general rule that special damages have to be strictly proven and are otherwise not recoverable.
Bocatra Construction Pte Ltd v ThorkildsenN/AYes[1994] 2 SLR(R) 387SingaporeCited for the principle that where oral evidence is inconsistent with documentary evidence, the court may rely solely on what can be proven through documentation.
Tai Hing Cotton Mill Ltd v Kamsing Knitting Factory (A Firm)N/AYes[1979] AC 91N/ACited for the principle that costs cannot be proved with complete certainty and the court shall attempt to make an assessment based on the available evidence.

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

  • Discolouration
  • Repainting
  • Warranty
  • Paint System
  • Special Damages
  • Rectification Works

15.2 Keywords

  • paint
  • discoloration
  • damages
  • warranty
  • construction
  • repainting

17. Areas of Law

Area NameRelevance Score
Breach of Contract90
Contract Law80
Contractual terms70
Warranty Law60
Damages50
Commercial Disputes40
Painting Contract30

16. Subjects

  • Construction Dispute
  • Contract Law
  • Damages Assessment