Biomedia Pharma v TAC Distribution: Breach of Contract and Damages Assessment for Faulty Air-Conditioning System
In a case before the High Court of Singapore on 10 January 2013, Biomedia Pharma Pte Ltd sued TAC Distribution Pte Ltd for breach of contract related to the installation of a specialized air-conditioning system in Biomedia Pharma's factory. The court, presided over by Choo Han Teck J, found in favor of Biomedia Pharma, awarding $135,000 for reimbursement of the sum paid to the defendant and $50,000 in general damages, totaling $185,000. The defendant's counterclaim and third party action were dismissed.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the plaintiff.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Breach of contract case where Biomedia Pharma sued TAC Distribution for a faulty air-conditioning system. The court awarded Biomedia Pharma $185,000 in damages.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Biomedia Pharma Pte Ltd (formerly known as Malaysia Chemist Pte Ltd) | Plaintiff | Corporation | Judgment for Plaintiff | Won | Mansurhusain Akbar Hussein |
| TAC Distribution Pte Ltd (trading as Trane Singapore) | Defendant | Corporation | Counterclaim Dismissed | Lost | Niru Pillai |
| Amcrotech Pte Ltd | Other | Corporation | Third party action dismissed | Dismissed | Michael Chia Peng Chuang |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Mansurhusain Akbar Hussein | Jacob Mansur & Pillai |
| Niru Pillai | Global Law Alliance LLC |
| Michael Chia Peng Chuang | Pereira & Tan LLC |
4. Facts
- The plaintiff leased a factory building for their pharmaceutical business.
- The defendant contracted to design and install a specialized air-conditioning system for the plaintiff’s factory.
- The actual installation was carried out by the third party.
- The defendant failed to hand over a system that complied with the contract.
- The Health Sciences Authority withheld the grant of a license to the plaintiff to use the factory as a dry laboratory due to the defendant's breach.
- The plaintiff paid $135,000 to the defendant for the system.
5. Formal Citations
- 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, [2013] SGHC 2
6. Timeline
| Date | Event |
|---|---|
| Lawsuit filed | |
| Judgment handed down in favour of the plaintiff | |
| Assessment of damages heard | |
| Verdict given on the quantum of damages | |
| Decision Date |
7. Legal Issues
- Breach of Contract
- Outcome: The court found that the defendant breached the contract by failing to hand over a system that complied with the contract.
- Category: Substantive
- Sub-Issues:
- Failure to provide system complying with contract
- Assessment of Damages
- Outcome: The court awarded the plaintiff $135,000 for reimbursement and $50,000 in general damages.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Pharmaceutical
- Construction
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 |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Air-conditioning system
- Breach of contract
- Damages
- Pharmaceutical business
- Factory
- Health Sciences Authority
- Dry laboratory
- Assessment of damages
15.2 Keywords
- Breach of contract
- Air-conditioning system
- Damages
- Singapore
- High Court
16. Subjects
- Contract Law
- Construction Dispute
17. Areas of Law
- Contract Law
- Breach of Contract
- Construction Law