Qroi Ltd v Ian Pascoe: Breach of Warranty of Authority Dispute
In Qroi Ltd v Ian Pascoe and Grant Thornton Advisory Services Co, Ltd, the High Court of Singapore heard an appeal against the Assistant Registrar's decision to dismiss the first defendant's application to strike out the plaintiff's claim for breach of warranty of authority. The plaintiff, Qroi Ltd, claimed that Ian Pascoe misrepresented his authority when entering into an agreement for services. The court dismissed the appeal, finding that the plaintiff's claim was reasonable and should be tested at trial.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Appeal dismissed with costs reserved to the trial judge.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court dismissed an appeal to strike out Qroi Ltd's claim against Ian Pascoe for breach of warranty of authority regarding a service agreement.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Qroi Limited | Plaintiff | Corporation | Claim not struck out | Neutral | |
| Ian Pascoe | Defendant, Appellant | Individual | Appeal Dismissed | Lost | |
| Grant Thornton Advisory Services Co, Ltd | Defendant | Corporation | Claim not struck out | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kenneth Lim | Allen & Gledhill LLP |
| Jordan Tan | Cavenagh Law LLP |
4. Facts
- The plaintiff, Qroi Limited, is a Hong Kong company providing technical services to mobile operators.
- The first defendant, Ian Pascoe, is the managing partner of Grant Thornton Advisory Services Co, Ltd and other Grant Thornton entities in Thailand.
- The plaintiff and the first defendant entered into a letter of intent dated 19 August 2016 for services.
- The plaintiff claims the first defendant represented he was acting on behalf of Grant Thornton Thailand.
- The plaintiff alleges non-payment of services delivered under the agreement.
- The first defendant claims he was acting on behalf of Grant Thornton Advisory Services Co, Ltd, not Grant Thornton Thailand.
5. Formal Citations
- Qroi Ltd v Pascoe, Ian and another, HC/Suit No 119 of 2018 (HC/Registrar’s Appeal No 6 of 2019), [2019] SGHC 36
6. Timeline
| Date | Event |
|---|---|
| Letter of intent signed | |
| First defendant applied to strike out the plaintiff’s action | |
| Hearing date | |
| Hearing date | |
| Judgment date |
7. Legal Issues
- Breach of Warranty of Authority
- Outcome: The court found that the plaintiff's claim for breach of warranty of authority was reasonable and should be tested at trial.
- Category: Substantive
- Related Cases:
- [1997] 1 SLR(R) 751
- Striking Out
- Outcome: The court held that the threshold for striking out was not met.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Warranty of Authority
10. Practice Areas
- Commercial Litigation
11. Industries
- Technology
- Mobile Communications
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Rainbow v Howkins | King's Bench | Yes | [1904] 2 KB 322 | England | Cited regarding the argument that an agent is not responsible for loss caused by his principal’s non-performance. |
| Fong Maun Yee v Yoong Weng Ho Robert | High Court | Yes | [1997] 1 SLR(R) 751 | Singapore | Cited to support the argument that the first defendant is liable for the loss caused to the plaintiff as a result of the first defendant’s breach of his warranty of authority. |
13. Applicable Rules
| Rule Name |
|---|
| O 18 r 19(1)(a) Rules of Court |
| O 18 r 19(1)(b) Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Warranty of Authority
- Letter of Intent
- Striking Out
- Proper Party
- Non-payment
15.2 Keywords
- breach of warranty
- striking out application
- agency
- contract
- singapore high court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Agency Law | 80 |
| Civil Practice | 75 |
| Contract Law | 60 |
| Summary Judgement | 50 |
16. Subjects
- Civil Litigation
- Agency
- Contract