Gimpex Ltd v Unity Holdings: Breach of Contract & Conspiracy Claim in Coal Sale Dispute
In Gimpex Limited v Unity Holdings Business Ltd, the Court of Appeal of Singapore heard appeals regarding a breach of contract claim and a conspiracy claim. Gimpex Limited sued Unity Holdings Business Limited, Param Energy Pte Ltd, and Vinay Parmanad Hariani for breach of a contract for the sale of coal and unlawful conspiracy. Unity Holdings counterclaimed for breach of contract. The Court of Appeal dismissed the conspiracy claim and Unity's counterclaim, but agreed that the trial judge should have determined the damages suffered by Gimpex for the breach of contract. The court determined the quantum of damages due to Gimpex.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal dismissed in part and allowed in part.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Gimpex Limited sued Unity Holdings for breach of contract and conspiracy in a coal sale. The court allowed the breach of contract claim but dismissed the conspiracy claim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Gimpex Limited | Appellant, Respondent | Corporation | Appeal allowed in part | Partial | |
| Unity Holdings Business Ltd | Respondent, Appellant | Corporation | Appeal dismissed | Lost | |
| Param Energy Pte Ltd | Respondent | Corporation | Won | Won | |
| Vinay Parmanad Hariani | Respondent | Individual | Won | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| Quentin Loh | Judge | No |
4. Counsels
4. Facts
- Gimpex claimed damages from Unity for breach of a contract for the sale of coal.
- Unity counterclaimed against Gimpex for breach of the same contract.
- Param held 25% of the shares in Unity.
- Vinay was a director and the sole shareholder in Param.
- Gimpex sought to pierce the corporate veil to make Vinay liable for Unity's damages.
- The trial judge allowed Gimpex’s claim against Unity for breach of contract.
- The trial judge dismissed Unity’s counterclaim against Gimpex.
5. Formal Citations
- Gimpex Limited v Unity Holdings Business Ltd and others and another appeal, Civil Appeal Nos 160 of 2013 and 161 of 2013, [2015] SGCA 17
6. Timeline
| Date | Event |
|---|---|
| Summons No 2803 of 2010 filed by the defendants to set aside an injunction. | |
| Civil Appeal Nos 160 of 2013 and 161 of 2013 filed. | |
| CA 161/2013 dismissed. | |
| Decision Date |
7. Legal Issues
- Breach of Contract
- Outcome: The court determined the quantum of damages due to Gimpex for the breach of contract.
- Category: Substantive
- Unlawful Conspiracy
- Outcome: The court dismissed the claim for unlawful conspiracy.
- Category: Substantive
- Piercing the Corporate Veil
- Outcome: The court refused Gimpex’s attempt to make Vinay liable for damages payable by Unity to Gimpex.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Unlawful Conspiracy
10. Practice Areas
- Commercial Litigation
11. Industries
- Commodities Trading
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Gimpex Limited v Unity Holdings Business Limited and others | Court of Appeal | Yes | [2015] SGCA 8 | Singapore | The court refers to its substantive judgment in this case to provide context for the orders on costs. |
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
- Coal
- Breach of Contract
- Unlawful Conspiracy
- Piercing the Corporate Veil
- Damages
- Costs
15.2 Keywords
- Breach of Contract
- Conspiracy
- Coal
- Singapore
- Commercial Dispute
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Breach of Contract | 90 |
| Lifting corporate veil | 80 |
| Conspiracy by Unlawful Means | 70 |
| Costs | 60 |
| Company Law | 40 |
16. Subjects
- Contract Law
- Commercial Litigation