Globe-Sea Offshore Engineering v DNET Contract Services: Application for Leave to Appeal
Globe-Sea Offshore Engineering Pte Ltd applied for leave to appeal against a District Judge's decision in favor of DNET Contract Services Pte Ltd. DNET Contract Services had claimed $44,265 for work done under variation orders, while Globe-Sea Offshore Engineering counterclaimed for $22,540 due to alleged negligence. The High Court dismissed the application for leave to appeal, finding no basis to disturb the original factual findings.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Applicant's application for leave to appeal is dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Application for leave to appeal decision regarding contract validity and negligence counterclaim. Leave to appeal was dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Globe-Sea Offshore Engineering Pte Ltd | Applicant | Corporation | Application for leave to appeal dismissed | Lost | Lalwani Anil Mangan |
| DNET Contract Services Pte Ltd | Respondent | Corporation | Application for leave to appeal dismissed | Won | Chia Wei Lin Rebecca, Roy’yani Binte Abdul Razak |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lalwani Anil Mangan | DL Law Corporation |
| Chia Wei Lin Rebecca | I.R.B. Law LLP |
| Roy’yani Binte Abdul Razak | I.R.B. Law LLP |
4. Facts
- Globe-Sea Offshore Engineering Pte Ltd applied for leave to appeal against a District Judge’s decision.
- DNET Contract Services Pte Ltd claimed $44,265 for work done under variation orders.
- Globe-Sea Offshore Engineering Pte Ltd counterclaimed for $22,540 due to alleged negligence.
- The District Judge found that Ms. Maricel had the actual authority to enter into the contracts.
- The District Judge dismissed the counterclaim due to lack of evidence and improper pleading.
- Mr. Song, the managing director of Globe-Sea Offshore Engineering Pte Ltd, did not testify at trial.
5. Formal Citations
- Globe-Sea Offshore Engineering Pte Ltd v DNET Contract Services Pte Ltd, HC/Originating Summons No 1497 of 2018, [2019] SGHC 74
6. Timeline
| Date | Event |
|---|---|
| DNET Contract Services Pte Ltd claimed against Globe-Sea Offshore Engineering Pte Ltd in MC/MC 3212/2017. | |
| Globe-Sea Offshore Engineering Pte Ltd filed an application for leave to appeal against DJ Tay’s decision in MC 3212. | |
| Hearing date. | |
| Hearing date. | |
| Judgment reserved. |
7. Legal Issues
- Leave to Appeal
- Outcome: The court held that leave to appeal was required but should not be granted.
- Category: Procedural
- Related Cases:
- [2002] SGHC 132
- Authority to Contract
- Outcome: The court upheld the trial judge's finding that Ms. Maricel had actual authority to enter into the contracts.
- Category: Substantive
- Negligence
- Outcome: The court upheld the trial judge's dismissal of the negligence counterclaim due to lack of evidence and improper pleading.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
- Leave to Appeal
9. Cause of Actions
- Breach of Contract
- Negligence
10. Practice Areas
- Litigation
11. Industries
- Offshore Engineering
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Datawork Pte Ltd v Cyberinc Pte Ltd | High Court | Yes | [2002] SGHC 132 | Singapore | Cited for the principle that the amount in dispute in a claim and a counterclaim should not be added together in determining whether the appeal threshold is met. |
| Essar Steel Ltd v Bayerische Landesbank and others | N/A | No | [2004] 3 SLR(R) 25 | N/A | Cited as an example of an exception to the rule that leave should not be granted when there are mere questions of fact to be considered. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Leave to Appeal
- Actual Authority
- Negligence
- Counterclaim
- Amount in Dispute
- Appeal Threshold
15.2 Keywords
- leave to appeal
- contract
- negligence
- singapore
- high court
16. Subjects
- Civil Procedure
- Contract Law
- Appeals
17. Areas of Law
- Civil Procedure
- Appeals