Nambu PVD Pte Ltd v UBTS Pte Ltd: Negligence, Bailment, Contractual Exclusion Clauses & Fire Damage
In the case of Nambu PVD Pte Ltd v UBTS Pte Ltd, heard in the General Division of the High Court of Singapore on 2 February 2021, Nambu sued UBTS for negligence and breach of contract after a fire damaged Nambu's PVD machine while UBTS was transporting it. The court, presided over by Andre Maniam JC, found UBTS negligent and ruled in favor of Nambu, awarding $248,240.00 in damages, interest, and $160,000.00 in costs. The court rejected UBTS's attempts to rely on exclusion clauses. Nambu's claim was for breach of contract and negligence.
1. Case Overview
1.1 Court
General Division of the 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
Nambu sued UBTS for fire damage to a PVD machine during transport. The court found UBTS negligent and liable for breach of contract.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Nambu PVD Pte Ltd | Plaintiff | Corporation | Judgment for Plaintiff | Won | |
| UBTS Pte Ltd | Defendant | Corporation | Partial Judgment Against | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andre Maniam | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| S Magintharan | Essex LLC |
| Benedict Tan | Essex LLC |
| Jonathan Lim | Premier Law LLC |
| Gerald Yee | Premier Law LLC |
4. Facts
- Nambu contracted with UBTS to transport a PVD Machine.
- The PVD Machine was damaged by a fire during transport.
- The fire originated at the rear left tyre of UBTS' trailer.
- UBTS did not arrange for a police escort, which was statutorily required.
- UBTS issued a delivery order and invoice after the fire.
- Nambu claimed for replacement of the PVD Machine or, alternatively, repair costs.
- Nambu also claimed for loss of use of the PVD Machine and storage charges.
5. Formal Citations
- Nambu PVD Pte Ltd v UBTS Pte Ltd, Suit No 889 of 2019, [2021] SGHC 20
6. Timeline
| Date | Event |
|---|---|
| Fire damaged the PVD Machine during transport | |
| Nambu sent a WhatsApp message as notice of claim | |
| UBTS billed Nambu for storage of the damaged PVD Machine | |
| Nambu sent a quotation for repairs to the PVD Machine | |
| UBTS informed Nambu to remove the PVD Machine by 2017-01-28 | |
| Nambu sent another quotation for the repairs | |
| Rental agreement between Nambu and K-Inc ended | |
| Nambu gave up the contract with Dongwoon | |
| Another quotation from Dream Heavy was obtained | |
| Quotation from FM Electro-Hydraulic for the repair of the PVD Machine | |
| UBTS' loss adjusters rejected Nambu's claim | |
| UBTS asked when Nambu was going to move the PVD Machine away | |
| UBTS sent a final reminder | |
| Nambu responded through its lawyers to say that the PVD Machine would be removed on 2018-04-14 | |
| Nambu took the damaged PVD Machine back | |
| Writ date | |
| Trial began | |
| Judgment date |
7. Legal Issues
- Negligence
- Outcome: The court found that UBTS was negligent in failing to check the tyre pressure and failing to arrange for a police escort.
- Category: Substantive
- Sub-Issues:
- Failure to check tyre pressure
- Failure to arrange for police escort
- Breach of Contract
- Outcome: The court found that UBTS breached the contract by failing to transport the PVD Machine safely.
- Category: Substantive
- Sub-Issues:
- Failure to transport goods safely
- Incorporation of Contractual Terms
- Outcome: The court held that neither the UBTS T&Cs nor the SLA T&Cs were incorporated into the subject contract.
- Category: Substantive
- Sub-Issues:
- Reasonable notice of terms
- Previous course of dealings
- Reasonableness of Exclusion Clauses
- Outcome: The court found the limitation of liability clause in the SLA T&Cs to be reasonable, but the time bar for claims to be unreasonable.
- Category: Substantive
- Sub-Issues:
- Limitation of liability
- Time bar for claims
- Damages
- Outcome: The court awarded damages for repair costs, loss of use, and storage charges, but limited the period for which loss of use and storage charges were allowed.
- Category: Substantive
- Sub-Issues:
- Replacement cost vs repair cost
- Loss of use
- Storage charges
8. Remedies Sought
- Monetary Damages
- Replacement of the PVD Machine
- Repair Costs
- Loss of Use
- Storage Charges
9. Cause of Actions
- Breach of Contract
- Negligence
- Bailment
10. Practice Areas
- Commercial Litigation
11. Industries
- Transportation
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Huationg Contractor Pte Ltd v Choon Lai Kuen (trading as Yishun Trading Towing Service) | High Court | Yes | [2020] SGHC 129 | Singapore | Cited for the principle that the onus is on the bailee to prove that it had taken reasonable care of the bailed goods. |
| Vinmar Overseas (Singapore) Pte Ltd v PTT International Trading Pte Ltd | Singapore Law Reports | Yes | [2018] 2 SLR 1271 | Singapore | Cited for the test to determine whether terms are incorporated into a contract based on the assumption of reasonable persons. |
| Press Automation Technology Pte Ltd v Trans-Link Exhibition Forwarding Pte Ltd | Singapore Law Reports | Yes | [2003] 1 SLR(R) 712 | Singapore | Cited regarding the reasonableness of limitation of liability clauses in standard trading conditions. |
| La Rosa v Nudrill Pty Ltd | Supreme Court of Western Australia | Yes | [2013] WASCA 18 | Australia | Cited for the principle that documents can incorporate terms into a subsequent contract even if they were not part of an earlier contract. |
| China Pacific SA v Food Corporation of India | House of Lords | Yes | [1982] AC 939 | United Kingdom | Cited for the principle that a bailee is estopped from denying the title to the goods of their bailor. |
| Chia Kok Leong and another v Prosperland Pte Ltd | Singapore Law Reports | Yes | [2005] 2 SLR(R) 484 | Singapore | Cited for the principle that a contracting party is entitled to claim substantial damages on the basis that he did not receive what he had bargained and paid for. |
| Harbutt’s “Plasticine” Ltd v Wayne Tank and Pump Co Ltd | Queen's Bench | Yes | [1970] 1 QB 447 | United Kingdom | Cited for the principle that a wrongdoer cannot diminish a claim for replacement costs by arguing that the plaintiff received new for old. |
| Re Caveat No CV/21366D lodged by Lim Saw Hak and another | Singapore Law Reports | Yes | [1996] 1 SLR(R) 70 | Singapore | Cited for the principle that UBTS was entitled to assert a common law lien. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Prefabricated Vertical Drain (PVD) Machine
- Standard Terms and Conditions
- Exclusion Clauses
- Bailment
- Negligence
- Loss of Use
- Storage Charges
- Police Escort
- Fire Damage
15.2 Keywords
- negligence
- bailment
- contract
- exclusion clauses
- fire damage
- PVD machine
- transportation
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Bailment | 85 |
| Negligence | 80 |
| Breach of Contract | 75 |
| Contract Law | 75 |
| Damages | 70 |
| Detinue | 60 |
| Conversion | 60 |
| Civil Procedure | 60 |
| Costs | 50 |
| Personal Injury | 50 |
| Evidence | 40 |
16. Subjects
- Contract Law
- Transportation Law
- Bailment
- Negligence