B2C2 Ltd v Quoine Pte Ltd: Breach of Contract, Breach of Trust, and Interim Payments

In the Singapore International Commercial Court, B2C2 Ltd sued Quoine Pte Ltd for breach of contract and breach of trust. The court initially found Quoine Pte Ltd liable. This judgment addresses costs, limitation of liability, interim payments, and a stay of assessment pending appeal. The court ordered Quoine Pte Ltd to make an interim payment and cover costs, with these funds held in court pending the appeal's outcome.

1. Case Overview

1.1 Court

Singapore International Commercial Court

1.2 Outcome

Order for interim payment and costs awarded to the Plaintiff, pending appeal outcome.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Judgment regarding costs and interim payments after B2C2 Ltd won against Quoine Pte Ltd for breach of contract and trust. Appeal pending.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Quoine Pte LtdDefendantCorporationInterim payment and costs to be paidLost
B2C2 LtdPlaintiffCorporationInterim payment and costs awardedPartial

3. Judges

Judge NameTitleDelivered Judgment
Simon ThorleyInternational JudgeYes

4. Counsels

Counsel NameOrganization
Ivan LimAllen & Gledhill LLP
Marrissa KarunaAllen & Gledhill LLP
Stanley LaiAllen & Gledhill LLP
Danny OngRajah & Tann Singapore LLP
Jason TeoRajah & Tann Singapore LLP
Sheila NgRajah & Tann Singapore LLP

4. Facts

  1. B2C2 Ltd sued Quoine Pte Ltd for breach of contract and breach of trust.
  2. The case was transferred from the High Court to the SICC.
  3. The court found Quoine Pte Ltd liable for breach of contract and breach of trust.
  4. Quoine Pte Ltd appealed the finding of liability.
  5. B2C2 Ltd applied for an interim payment.
  6. The Defendant's directors and Japanese parent company had stood by and would continue to stand behind the Defendant and would meet any sums ordered.
  7. The Plaintiff is a company registered in England and Wales and is therefore a foreign corporation. It has no assets in Singapore.

5. Formal Citations

  1. B2C2 Ltd v Quoine Pte Ltd, Suit No 7 of 2017, [2019] SGHC(I) 12

6. Timeline

DateEvent
Suit filed by B2C2 Ltd against Quoine Pte Ltd.
Order made for SICC regime in O 110 r 46 to apply.
Judgment given in favor of B2C2 Ltd on liability.
Judgment given on the appropriate form of the Order.
Summons for Interim Payment issued by Plaintiff.
Registry letter to parties outlining issues for consideration.
Defendant's solicitors indicated it was premature to decide the limitation of liability issue.
Oral hearing held.
Judgment reserved.
Judgment issued.
Appeal listed to be heard.
Deadline for payment into court.

7. Legal Issues

  1. Costs in SICC after transfer from High Court
    • Outcome: The court held that Order 110 r 46 applies post-transfer, and Appendix G should not be given significant weight.
    • Category: Procedural
    • Sub-Issues:
      • Applicability of Appendix G of the Supreme Court Practice Directions
      • Reasonable costs assessment under Order 110 r 46
  2. Limitation of Liability
    • Outcome: Decision on the limitation of liability clause was deferred to the assessment hearing.
    • Category: Substantive
    • Sub-Issues:
      • Interpretation of limitation clause
      • Applicability of Unfair Contract Terms Act
  3. Interim Payment
    • Outcome: The court ordered an interim payment of US$4,000,000 to be paid into court pending the outcome of the appeal.
    • Category: Procedural
    • Sub-Issues:
      • Grounds for ordering interim payment
      • Protection for the defendant

8. Remedies Sought

  1. Damages
  2. Interim Payment

9. Cause of Actions

  • Breach of Contract
  • Breach of Trust

10. Practice Areas

  • Commercial Litigation
  • International Commercial Arbitration

11. Industries

  • Financial Services
  • Cryptocurrency

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
B2C2 Ltd v Quoine Pte LtdSingapore International Commercial CourtYes[2019] 4 SLR 17SingaporeRefers to the main judgment where liability was established.
B2C2 Ltd v Quoine Pte LtdSingapore International Commercial CourtYes[2019] 4 SLR 204SingaporeRefers to a subsequent judgment on the appropriate form of the Order.
Maryani Sadeli v Arjun Permanand Samtani and another and other appealsCourt of AppealYes[2015] 1 SLR 496SingaporeCited regarding the policy of enhancing access to justice in relation to costs recovery.
CPIT Investments Ltd v Qilin World Capital Ltd and anotherSingapore International Commercial CourtYes[2018] 4 SLR 38SingaporeCited for the interpretation of Order 110 r 46 and the SICC Practice Directions regarding costs.
Teras Offshore Pte Ltd v Teras Cargo Transport (America) LLCUnknownYes[2017] 4 SLR 38SingaporeMentioned in relation to the costs guidelines in Appendix G.
Main-Line Corporate Holdings Ltd v United Overseas BankCourt of AppealYes[2010] 2 SLR 986SingaporeCited regarding the principles for ordering interim payments.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R 5, 2014 Rev Ed)Singapore
Order 110 r 46 of the Rules of CourtSingapore
Unfair Contract Terms Act (Cap 396, 1994 Rev Ed)Singapore
Order 29 r 11(1) of the Rules of CourtSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Singapore International Commercial Court
  • Interim Payment
  • Limitation of Liability
  • Costs
  • Breach of Contract
  • Breach of Trust
  • Order 110 r 46
  • Appendix G
  • Rules of Court
  • SICC Practice Directions

15.2 Keywords

  • SICC
  • Singapore International Commercial Court
  • Costs
  • Interim Payment
  • Breach of Contract
  • Breach of Trust
  • Limitation of Liability

17. Areas of Law

Area NameRelevance Score
Civil Procedure90
Costs85
Interim payments75
Damages70
Limitation of Liability65
Breach of Trust60
Breach of Contract60
International Commercial Law55
Contract Law50
Equity50
Arbitration40

16. Subjects

  • Civil Litigation
  • Commercial Dispute Resolution