Solomon Alliance Management v Pang Chee Kuan: Breach of Contract & Defamation
In Solomon Alliance Management Pte Ltd v Pang Chee Kuan, heard in the High Court of Singapore on January 26, 2018, with judgment issued on June 18, 2018, Solomon Alliance Management sued Pang Chee Kuan for breach of contract, alleging that Pang diverted sales to other entities. Pang counterclaimed for defamation. The court allowed Solomon Alliance Management's breach of contract claim and dismissed Pang Chee Kuan's counterclaim for defamation.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case involving Solomon Alliance Management's breach of contract claim against Pang Chee Kuan and Pang's defamation counterclaim. The court allowed the breach of contract claim and dismissed the defamation counterclaim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Solomon Alliance Management Pte Ltd (formerly known as Solomon Asset Management Pte Ltd) | Plaintiff, Defendant in Counterclaim | Corporation | Claim Allowed | Won | |
| Pang Chee Kuan | Defendant, Plaintiff in Counterclaim | Individual | Counterclaim Dismissed | Lost | |
| Chong Chin Fook (Zhang Zhenfu) | Defendant in Counterclaim | Individual | Counterclaim Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judge | Yes |
4. Counsels
4. Facts
- The Defendant was engaged as an independent contractor and Vice President by the Plaintiff.
- The Defendant was to market products promoted and sold by the Plaintiff.
- The Plaintiff claimed the Defendant diverted sales to other entities.
- The Defendant denied the Plaintiff’s claim and advanced a counterclaim for defamation.
- The Plaintiff engaged a private investigation company to investigate the Defendant.
- The Defendant promoted the Dolphin Product on behalf of entities other than the Plaintiff.
- The Plaintiff suspended the Defendant.
5. Formal Citations
- Solomon Alliance Management Pte Ltd v Pang Chee Kuan, Suit No 215 of 2015, [2018] SGHC 139
- Chong Chin Fook v Solomon Alliance Management Pte Ltd and others and another matter, , [2017] 1 SLR 348
6. Timeline
| Date | Event |
|---|---|
| Contract signed | |
| Sale of Villages Product ceased | |
| Defendant sent email to directors of Plaintiff | |
| Defendant suspended | |
| Plaintiff commenced suit against Defendant | |
| Plaintiff sent letter to recipients | |
| Trial began | |
| Trial continued | |
| Hearing date | |
| Judgment issued |
7. Legal Issues
- Breach of Contract
- Outcome: The court found that the Defendant breached the contract.
- Category: Substantive
- Defamation
- Outcome: The court found that the letter was not defamatory.
- Category: Substantive
- Contractual Interpretation
- Outcome: The court interpreted the contract to cover products beyond those listed in Schedule A.
- Category: Substantive
- Frustration of Contract
- Outcome: The court found that the contract was not frustrated.
- Category: Substantive
- Restraint of Trade
- Outcome: The court found that the restraint of trade clauses were enforceable.
- Category: Substantive
- Admissibility of Evidence
- Outcome: The court found that the video evidence, transcripts, and reports were admissible.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Defamation
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chong Chin Fook v Solomon Alliance Management Pte Ltd and others and another matter | Court of Appeal | Yes | [2017] 1 SLR 348 | Singapore | Cited regarding Desmond Chong's control of the suit on behalf of the Plaintiff. |
| Y.E.S. F&B Group Pte Ltd v Soup Restaurant Singapore Pte Ltd (formerly known as Soup Restaurant (Causeway Point) Pte Ltd) | Court of Appeal | Yes | [2015] 5 SLR 1187 | Singapore | Cited for the principle that contractual interpretation requires assessment of both text and context. |
| Ngee Ann Development Pte Ltd v Takashimaya Singapore Ltd | Court of Appeal | Yes | [2017] 2 SLR 627 | Singapore | Cited for the principle that the starting point of contractual interpretation is the text of the agreement. |
| Browne v Dunn | N/A | Yes | (1893) 6 R 67 | N/A | Cited regarding the rule that arguments not presented during cross-examination cannot be considered. |
| PT Prima International Development v Kempinski Hotels SA and other appeals | Court of Appeal | Yes | [2012] 4 SLR 98 | Singapore | Cited for the principle that pleadings should outline a party's case to inform the court and opponent. |
| SIC College of Business and Technology Pte Ltd v Yeo Poh Siah and others | Court of Appeal | Yes | [2016] 2 SLR 118 | Singapore | Cited for the principle that courts should not adopt an overly formalistic approach to pleadings. |
| Xia Zhengyan v Geng Changqing | N/A | Yes | [2015] 3 SLR 732 | Singapore | Cited for the proposition that strict construction should not be applied where a contract is drafted by a layperson. |
| Hewlett-Packard Singapore (Sales) Pte Ltd v Chin Shu Hwa Corinna | Court of Appeal | Yes | [2016] 2 SLR 1083 | Singapore | Cited regarding the use of subsequent conduct in contractual interpretation. |
| Centre for Laser and Aesthetic Medicine Pte Ltd v GPK Clinic (Orchard) Pte Ltd and others and another appeal | Court of Appeal | Yes | [2018] 1 SLR 180 | Singapore | Cited regarding the relevance of subsequent conduct in contractual interpretation. |
| Zurich Insurance (Singapore) Pte Ltd v B-Gold Interior Design & Construction Pte Ltd | N/A | Yes | [2008] 3 SLR(R) 1029 | Singapore | Cited regarding the requirements for considering subsequent conduct in contract interpretation. |
| Sembcorp Marine Ltd v PPL Holdings Pte Ltd and another and another appeal | Court of Appeal | Yes | [2013] 4 SLR 193 | Singapore | Cited regarding the requirements for considering subsequent conduct in contract interpretation. |
| Gay Choon Ing v Loh Sze Ti Terence Peter and another appeal | N/A | Yes | [2009] 2 SLR(R) 332 | Singapore | Cited regarding the use of subsequent conduct in contractual interpretation. |
| Alliance Concrete Singapore Pte Ltd v Sato Kogyo (S) Pte Ltd | N/A | Yes | [2014] 3 SLR 857 | Singapore | Cited regarding the requirements for frustration of contract. |
| Edwinton Commercial Corporation, v Tsavliris Russ (Worldwide Salvage & Towage) Ltd (The Sea Angel) | English Court of Appeal | Yes | [2007] 2 Lloyd’s Rep 517 | England and Wales | Cited regarding the multi-factorial approach to frustration of contract. |
| Man Financial (S) Pte Ltd (formerly known as E D & F Man International (S) Pte Ltd) v Wong Bark Chuan David | N/A | Yes | [2008] 1 SLR(R) 663 | Singapore | Cited regarding the requirements for upholding a restraint of trade clause. |
| National Aerated Water Co Pte Ltd v Monarch Co, Inc | N/A | Yes | [2000] 1 SLR(R) 74 | Singapore | Cited regarding the balancing of freedom to contract and freedom to trade in restraint of trade clauses. |
| Jet Holding Ltd and others v Cooper Cameron (Singapore) Pte Ltd and another and other appeals | N/A | Yes | [2006] 3 SLR(R) 769 | Singapore | Cited regarding the admissibility of video evidence. |
| Soon Peck Wah v Woon Che Chye | N/A | Yes | [1997] 3 SLR(R) 430 | Singapore | Cited regarding the rationale for the hearsay principle. |
| Gabriel Peter & Partners (suing as a firm) v Wee Chong Jin and others | N/A | Yes | [1997] 3 SLR(R) 649 | Singapore | Cited regarding the requirements for defamation. |
| Loh Siew Hock and others v Lang Chin Ngau | N/A | Yes | [2014] 4 SLR 1117 | Singapore | Cited regarding the requirements for defamation. |
| Golden Season Pte Ltd and others v Kairos Singapore Holdings Pte Ltd and another | N/A | Yes | [2015] 2 SLR 751 | Singapore | Cited regarding the requirements for defamation. |
| Microsoft Corp and others v SM Summit Holdings Ltd and another and other appeals | N/A | Yes | [1999] 3 SLR(R) 465 | Singapore | Cited regarding the objective test for assessing the meaning of defamatory words. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| Securities and Futures Act (Cap 289, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Independent Contractor
- Vice President
- Non-Compete Clause
- Diversion of Sales
- Restraint of Trade
- Dolphin Product
- Villages Product
- Private Investigation
- Defamatory Statement
15.2 Keywords
- Contract
- Breach
- Defamation
- Singapore
- High Court
- Commercial
- Litigation
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Contract Law | 75 |
| Breach of Contract | 75 |
| Defamation | 40 |
| Evidence Law | 30 |
| Frustration | 20 |
| Illegality and public policy | 20 |
| Restraint of Trade | 20 |
16. Subjects
- Contract Law
- Defamation
- Civil Litigation