Singland Transportation v Alpha Focus: Breach of Contract & Implied Terms Dispute
In Singland Transportation Pte Ltd v Alpha Focus (S) Pte Ltd, the High Court of Singapore heard a claim by Singland Transportation against Alpha Focus for $17,355.43 for works done. Alpha Focus counterclaimed for $319,698.00, alleging breach of contract. The court dismissed Alpha Focus's counterclaim, finding that Singland Transportation did not breach the implied term of the contract to clear a reasonable amount of earth in a reasonable period of time. The court ruled in favor of Singland Transportation for its original claim.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Counterclaim dismissed; judgment for the plaintiff.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singland Transportation sues Alpha Focus for unpaid works. Alpha Focus counterclaims for breach of contract, but the counterclaim was dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| SINGLAND TRANSPORTATION PTE LTD | Plaintiff | Corporation | Judgment for Plaintiff | Won | Doris Chia, Wong Wan Chee |
| ALPHA FOCUS (S) PTE LTD | Defendant | Corporation | Counterclaim Dismissed | Lost | Tang Gee Ni |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Doris Chia | David Lim & Partners LLP |
| Wong Wan Chee | David Lim & Partners LLP |
| Tang Gee Ni | G N Tang & Co |
4. Facts
- The plaintiff and defendant entered into a contract for the plaintiff to provide lorries to clear earth for the defendant's project.
- The contract stipulated that the plaintiff would dispose of 170,000 cubic metres of good earth and 40,000 to 50,000 cubic metres of wet or mixed soil.
- The defendant would pay the plaintiff $110 per lorry load of good earth and $160 per lorry load of wet or mixed soil.
- In December 2011, a stockpile of soil accumulated at the defendant's worksite, leading to a site memorandum from the Land Transport Authority.
- The defendant engaged Koh Kock Leong Enterprise Pte Ltd to dispose of bored out soil.
- The defendant engaged Poh Li Heng Building Construction Pte Ltd to transport earth to an approved dumping ground.
- The defendant claimed the difference between what it paid KKL and PLH and what it would have paid the plaintiff to complete the works.
5. Formal Citations
- Singland Transportation Pte Ltd v Alpha Focus (S) Pte Ltd, Suit No 86 of 2016, [2017] SGHC 186
6. Timeline
| Date | Event |
|---|---|
| Plaintiff provided quotation | |
| Contract entered into | |
| Land Transport Authority issued site memorandum | |
| Koh Kock Leong Enterprise Pte Ltd provided quotation | |
| Amounts payable for good earth and wet or mixed soil increased by mutual agreement | |
| Amounts payable increased by mutual agreement | |
| Defendant engaged Poh Li Heng Building Construction Pte Ltd | |
| Amounts payable revised downwards | |
| Works done by plaintiff | |
| Works done by plaintiff | |
| Plaintiff filed claim | |
| Trial began | |
| Trial | |
| Trial | |
| Judgment reserved |
7. Legal Issues
- Breach of Contract
- Outcome: The court found that the plaintiff did not breach the implied term to clear a reasonable amount of earth within a reasonable amount of time.
- Category: Substantive
- Sub-Issues:
- Failure to deploy sufficient number of lorries for the timely and efficient disposal of earth
- Related Cases:
- [2013] 4 SLR 193
- Implied Terms
- Outcome: The court found that there was an implied term in the contract that the plaintiff would clear the earth on the defendant’s work site expeditiously, but this term only required the plaintiff to clear a reasonable amount of earth in a reasonable period of time.
- Category: Substantive
- Related Cases:
- [2013] 4 SLR 193
- Election to Terminate
- Outcome: The court found that the defendant did not validly elect to terminate the contract.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Construction Disputes
11. Industries
- Construction
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Sembcorp Marine Ltd v PPL Holdings Pte Ltd and another and another appeal | Court of Appeal | Yes | [2013] 4 SLR 193 | Singapore | Cited for the test for implying a term into a contract. |
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
- Stockpile
- Disposal tickets
- Lorry load
- Implied term
- Expeditious clearing
15.2 Keywords
- Contract
- Breach
- Implied Terms
- Construction
- Transportation
- Singapore
16. Subjects
- Contract Law
- Construction Law
17. Areas of Law
- Contract Law
- Construction Law