Trident Pharm v Yong Pei Pei Tracey: Breach of Fidelity & Conspiracy in Pharmacy Lease Tender
In Trident Pharm Pte Ltd v Yong Pei Pei Tracey and another, the High Court of Singapore dismissed the plaintiff's claims against its former employee, Yong Pei Pei Tracey, and her husband for breach of duty of fidelity, conspiracy, and inducing breach of contract. The plaintiff, a pharmacy, alleged that the defendants conspired to secure a lease tender from the National Dental Centre of Singapore (NDC). Choo Han Teck J found that the plaintiff's failure to obtain the lease was not caused by the defendants' conduct, as the plaintiff's tender was unacceptable. The court dismissed the plaintiff's claims with costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's claims are dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment Reserved
1.5 Jurisdiction
Singapore
1.6 Description
Pharmacy sues ex-employee and husband for breach of duty and conspiracy after losing lease tender. Court dismisses claims, finding no breach or causation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Trident Pharm Pte Ltd | Plaintiff | Corporation | Claim Dismissed | Lost | |
| Yong Pei Pei Tracey | Defendant | Individual | Judgment for Defendant | Won | |
| Husband of Yong Pei Pei Tracey | Defendant | Individual | Judgment for Defendant | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Michael Moey Chin Woon | Cheah Associates LLC |
| R Chandran | R Chandran & Co |
4. Facts
- Trident Pharm Pte Ltd sued its former employee and her husband.
- The plaintiff alleged breach of duty of fidelity, conspiracy, and inducing breach of contract.
- The first defendant was employed as the plaintiff’s pharmacist.
- The second defendant registered a sole proprietorship.
- The NDC awarded the new lease to the second defendant.
- The plaintiff’s tender did not meet the minimum requirement.
- The first defendant resigned from the plaintiff.
5. Formal Citations
- Trident Pharm Pte Ltd v Yong Pei Pei Tracey and another, Suit No 486 of 2013, [2014] SGHC 59
6. Timeline
| Date | Event |
|---|---|
| Trident Pharm obtained a lease to operate a retail pharmacy in the building of the National Dental Centre of Singapore. | |
| Trident Pharm Pte Ltd was incorporated and acquired Trident Pharm. | |
| Yong Pei Pei Tracey was employed as the plaintiff’s pharmacist in the NDC premises. | |
| The NDC invited tenders for a fresh lease. | |
| Yong Pei Pei Tracey’s husband registered a sole proprietorship (“The Dental Pharm”). | |
| The NDC awarded the new lease to the second defendant. | |
| Yong Pei Pei Tracey resigned from the plaintiff. | |
| The new lease commenced. | |
| Suit No 486 of 2013 filed. | |
| Judgment Reserved. |
7. Legal Issues
- Breach of Duty of Fidelity
- Outcome: The court found that the evidence was insufficient to prove that the first defendant was in breach of any duty of confidentiality or fidelity.
- Category: Substantive
- Related Cases:
- [2012] 4 SLR 308
- [2013] 2 SLR 633
- Conspiracy
- Outcome: The court found no evidence of conspiracy.
- Category: Substantive
- Inducing Breach of Contract
- Outcome: The court found that the plaintiff's failure to obtain the lease had nothing to do with the defendants’ conduct.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Duty of Fidelity
- Conspiracy
- Inducing Breach of Contract
10. Practice Areas
- Commercial Litigation
- Employment Litigation
11. Industries
- Pharmaceutical
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Smile Inc Dental Surgeons Pte Ltd v Lui Andrew Stewart | High Court | Yes | [2012] 4 SLR 308 | Singapore | Cited for the principles regarding an employee’s duty of fidelity, including that it is distinct from a director’s fiduciary duty, does not preclude preparatory steps to compete, and does not require subjugating one's own interests. |
| Scintronix Corp Ltd (formerly known as TTL Holdings Ltd) v Ho Kang Peng and another | High Court | Yes | [2013] 2 SLR 633 | Singapore | Cited for the principles regarding an employee’s duty of fidelity, including that it is distinct from a director’s fiduciary duty, does not preclude preparatory steps to compete, and does not require subjugating one's own interests. |
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
- Duty of Fidelity
- Lease Tender
- Confidential Information
- National Dental Centre
- Pharmacy
- Breach of Contract
- Conspiracy
15.2 Keywords
- pharmacy
- lease
- tender
- breach of duty
- conspiracy
- employment
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Duty of fidelity | 80 |
| Employment Law | 75 |
| Fiduciary Duties | 70 |
| Inducement of Breach of Contract | 60 |
| Conspiracy by Unlawful Means | 60 |
| Torts | 50 |
| Breach of Contract | 40 |
| Contract Law | 30 |
16. Subjects
- Employment Dispute
- Tender Process
- Breach of Duty