Lim Seng Choon David v Global Maritime: Breach of Director's Duties & Oral Contract Dispute

In a consolidated suit before the High Court of Singapore, Lim Seng Choon David, the plaintiff, brought a claim against Global Maritime Holdings Ltd and Global Maritime Consultancy Pte Ltd based on an alleged oral agreement. Global Maritime Consultancy Pte Ltd filed a counterclaim against Lim Seng Choon David for breach of director's duties. The court dismissed Lim Seng Choon David's claim, finding no binding oral agreement, and allowed the counterclaim in part, holding Lim Seng Choon David liable for breaches of his duties as a director.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Plaintiff's claim dismissed; counterclaim allowed in part.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court case involving claims of breach of director's duties and a disputed oral contract, resulting in judgment against the plaintiff.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lim Seng Choon DavidPlaintiff, Defendant-in-counterclaimIndividualClaim DismissedLost
Global Maritime Holdings LtdDefendantCorporationCounterclaim Allowed in PartPartial
Global Maritime Consultancy Pte LtdDefendant, Plaintiff-in-counterclaimCorporationCounterclaim Allowed in PartPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Twang Kern ZernCentral Chambers Law Corporation
Lam Jianhao MarkCentral Chambers Law Corporation
Audrey Chiang Ju HuaDentons Rodyk & Davidson LLP
Nerissa Tan Yin ShiDentons Rodyk & Davidson LLP

4. Facts

  1. The plaintiff was an employee of the first defendant and a director of the second defendant.
  2. The plaintiff met with Mr. Gary Anthony Hogg and was asked to retire early.
  3. The plaintiff claimed an oral agreement was made at the meeting regarding his retirement compensation.
  4. The defendants denied the existence of the oral agreement.
  5. The second defendant counterclaimed against the plaintiff for breach of director's duties.
  6. The plaintiff made several trips to Hong Kong and China at the second defendant's expense.
  7. The plaintiff claimed personal expenses from the second defendant.

5. Formal Citations

  1. Lim Seng Choon David v Global Maritime Holdings Ltd and another and another Suit, , [2018] SGHC 25

6. Timeline

DateEvent
Plaintiff met with Mr. Gary Anthony Hogg and was asked to retire early.
Suits consolidated by Order of Court.
Trial began.
Trial continued.
Trial concluded.
Judgment reserved.

7. Legal Issues

  1. Breach of Director's Duties
    • Outcome: The court found the plaintiff in breach of his duties as a director to act honestly and to avoid conflicts of interest.
    • Category: Substantive
  2. Formation of Oral Agreement
    • Outcome: The court found that there was no oral agreement between the parties.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages
  2. Order for Purchase of Shares
  3. Account of Profit

9. Cause of Actions

  • Breach of Contract
  • Breach of Director's Duties

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Maritime
  • Engineering

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Civil Law Act (Cap 43)Singapore
Companies Act (Cap 50, 2006 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Oral Agreement
  • Director's Duties
  • Conflict of Interest
  • Breach of Duty
  • Early Retirement
  • Counterclaim

15.2 Keywords

  • contract
  • director
  • duties
  • maritime
  • singapore

17. Areas of Law

Area NameRelevance Score
Director's Duties90
Company Law80
Contract Law75
Oral Agreement70
Fiduciary Duties60

16. Subjects

  • Contract Law
  • Company Law
  • Fiduciary Duty