Stone World Sdn Bhd v Engareh (S) Pte Ltd: Dispute over Payment for Marble Fabrication in Marina Bay Sands Project
Stone World Sdn Bhd sued Engareh (S) Pte Ltd in the High Court of Singapore on 24 January 2013, claiming $481,031.63 for goods sold, delivered, and services rendered related to marble fabrication for the Marina Bay Sands project. Engareh counterclaimed $84,453.09, alleging overpayment. The court, presided over by Justice Lai Siu Chiu, dismissed both the claim and the counterclaim due to insufficient evidence to support either party's calculations of the amounts due under the contract.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Both the Plaintiff’s claim and the Defendant’s counterclaim are dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Stone World sued Engareh for $481,031.63 for marble fabrication. Engareh counterclaimed $84,453.09, alleging overpayment. Both claims were dismissed due to lack of evidence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Stone World Sdn Bhd | Plaintiff | Corporation | Claim Dismissed | Lost | |
| Engareh (S) Pte Ltd | Defendant | Corporation | Counterclaim Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Judge | Yes |
4. Counsels
4. Facts
- Plaintiff claimed $481,031.63 for goods sold and delivered and services rendered.
- Defendant counterclaimed $84,453.09, alleging overpayment.
- Plaintiff and Defendant had a contract for marble fabrication for the Marina Bay Sands project.
- Plaintiff alleged the contract was partly oral and partly by a course of dealings.
- Defendant contended the contract was based on a prior quotation from January 2008.
- The Plaintiff issued initial invoices and later revised invoices with different amounts.
- The Defendant made six payments to the Plaintiff totaling $370,367.50.
5. Formal Citations
- Stone World Sdn Bhd v Engareh (S) Pte Ltd, Suit No 146 of 2011, [2013] SGHC 22
6. Timeline
| Date | Event |
|---|---|
| Plaintiff issued letter of quotation to BS Stone. | |
| Oral contract formed between Plaintiff and Defendant. | |
| Defendant incorporated in July 2009. | |
| Plaintiff supplied and rendered goods and services to the Defendant. | |
| Plaintiff prepared a quotation listing its charges for the Defendant to sign. | |
| Plaintiff issued a set of credit and debit notes to the Defendant. | |
| Plaintiff stopped supplying and rendering goods and services to the Defendant. | |
| Plaintiff issued statement of account to the Defendant. | |
| Suit filed by Plaintiff against Defendant. | |
| Judgment reserved. |
7. Legal Issues
- Breach of Contract
- Outcome: The court found that the Plaintiff failed to prove the essential terms of the contract regarding the rates to be charged, leading to the dismissal of the claim.
- Category: Substantive
- Formation of Contract
- Outcome: The court determined that the Plaintiff did not establish when the contract was made and what the essential terms agreed upon were.
- Category: Substantive
- Essential Terms of Contract
- Outcome: The court held that the Plaintiff failed to prove that the parties agreed for the essential terms of the contract (i.e., the rates to be charged) to be subsequently determined during the period of the MBS Project.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Goods sold and delivered
- Services rendered
10. Practice Areas
- Commercial Litigation
- Construction Disputes
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| May and Butcher, Limited v The King | House of Lords | Yes | [1934] 2 KB 17 | England and Wales | Cited for the principle that price is an essential element of a contract of sale, and if left to be agreed upon, there is no contract. |
| Norwest Holdings Pte Ltd (in liquidation) v Newport Mining Ltd | Singapore High Court | Yes | [2010] 3 SLR 956 | Singapore | Cited with approval for the principle that an agreement will not be regarded as a binding contract if essential matters remain to be agreed upon. |
| Norwest Holdings Pte Ltd (in liquidation) v Newport Mining Ltd and another appeal | N/A | No | [2011] 4 SLR 617 | Singapore | Cited as the case that reversed Norwest Holdings Pte Ltd (in liquidation) v Newport Mining Ltd [2010] 3 SLR 956. |
| Foley v Classique Coaches Ltd | N/A | Yes | [1934] 2 KB 1 | England and Wales | Cited for the principle that parties can agree for further terms to be subsequently agreed. |
| Hillas & Co v Arcos Ltd | House of Lords | Yes | (1932) 147 LT Rep 503 | England and Wales | Cited for the principle that the terms of a contract could be ascertained from previous transactions between the parties and the custom of the trade. |
| Grossner Jens v Raffles Holdings Ltd | Singapore High Court | Yes | [2004] 1 SLR(R) 202 | Singapore | Cited with approval for the importance of sufficient/successful deals between the parties before the proposition in Hillas & Co v Arcos Ltd can be applied. |
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
- Marble Fabrication
- Marina Bay Sands Project
- Initial Invoices
- Revised Invoices
- 8 January 2008 Quotation
- Statement of Account
- Pasir Gudang premise
15.2 Keywords
- contract
- construction
- marble
- fabrication
- payment
- dispute
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Breach of Contract | 90 |
| Contract Law | 85 |
| Commercial Disputes | 75 |
| Goods Sold and Delivered | 60 |
| Services Rendered | 55 |
| Overpayment | 40 |
| Course of Dealings | 35 |
| Summary Judgement | 30 |
| Civil Procedure | 20 |
16. Subjects
- Contract Dispute
- Construction Dispute
- Supply of Goods and Services