Bharat Forge v Bombardier: Breach of Contract & Negligence in Aircraft Maintenance
Bharat Forge Ltd sued Bombardier Aerospace Services Singapore Pte Ltd in the General Division of the High Court of Singapore, alleging breach of contract and negligence in relation to maintenance and CMS installation work performed on Bharat Forge's aircraft. The court, presided over by Justice Andre Maniam, dismissed all of Bharat Forge's claims, finding them to be without merit both legally and factually, and awarded indemnity costs to Bombardier.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
All claims dismissed with costs on an indemnity basis.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Bharat Forge sued Bombardier for breach of contract and negligence over aircraft maintenance. The court dismissed all claims, awarding indemnity costs to Bombardier.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Bharat Forge Ltd | Plaintiff | Corporation | Claim Dismissed | Lost | |
| Bombardier Aerospace Services Singapore Pte Ltd | Defendant | Corporation | Judgment for Defendant | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andre Maniam | Judge | Yes |
4. Counsels
4. Facts
- Bharat Forge contracted with BASS for maintenance and CMS installation on its aircraft.
- Bharat Forge complained of defects after the aircraft was returned.
- Bharat Forge's witness expected the aircraft to be 'trouble-free' for a year, without a warranty.
- BASS claimed its scope of work was limited and defined by task cards.
- Bharat Forge sought advice from Indamer on the scope of work.
- Bharat Forge claimed US$8,960,000 in damages.
- The contract contained clauses limiting BASS's liability.
5. Formal Citations
- Bharat Forge Ltd v Bombardier Aerospace Services Singapore Pte Ltd, Suit No 479 of 2020 and Summons No 349 of 2022, [2022] SGHC 179
6. Timeline
| Date | Event |
|---|---|
| Aircraft's pressurisation, air-conditioning and electrical systems suffered failures. | |
| Right Air Conditioning Pack on the aircraft failed. | |
| Trial began. | |
| Trial continues. | |
| Trial continues. | |
| Trial continues. | |
| Trial continues. | |
| Trial continues. | |
| Trial continues. | |
| Trial continues. | |
| Trial continues. | |
| Judgment reserved. | |
| Judgment issued. |
7. Legal Issues
- Breach of Contract
- Outcome: The court found no breach of contract by the defendant.
- Category: Substantive
- Sub-Issues:
- Breach of express warranties
- Breach of implied terms
- Negligence
- Outcome: The court found no negligence on the part of the defendant.
- Category: Substantive
- Sub-Issues:
- Duty of care
- Contractual Exclusions and Limitations of Liability
- Outcome: The court upheld the contractual exclusions and limitations of liability.
- Category: Substantive
- Costs
- Outcome: The court awarded indemnity costs to the defendant.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
- Cost of replacing the CMS
- Cost of chartering an alternative aircraft
- Diminution in value of the aircraft
- Wasted costs and expenses
9. Cause of Actions
- Breach of Contract
- Negligence
10. Practice Areas
- Commercial Litigation
11. Industries
- Aerospace
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Go Dante Yap v Bank Austria Creditanstalt AG | Court of Appeal | Yes | [2011] 4 SLR 559 | Singapore | Cited for the proposition that a skilled person rendering services has an implied term to exercise reasonable skill and care. |
| Hadley v Baxendale | Court of Exchequer | Yes | Hadley v Baxendale (1854) 9 Exch 341 | England and Wales | Cited regarding the principle of remoteness of damages. |
| Creative Technology Ltd and another v Huawei International Pte Ltd | High Court | Yes | [2017] SGHC 201 | Singapore | Cited for the interpretation of exclusion clauses regarding indirect, special, or consequential damages. |
| Tonny Permana v One Tree Capital | High Court | Yes | [2021] 5 SLR 477 | Singapore | Cited regarding the exclusion of implied terms in law. |
| Mostcash plc (in liquidation) v Fluor Ltd | English High Court | Yes | Mostcash plc (in liquidation) v Fluor Ltd (2002) 83 Con LR 1; [2002] EWHC 265 | England and Wales | Cited regarding the exclusion of implied terms to exercise reasonable skill and care. |
| Kalzip Asia Pte Ltd v BFG International Ltd | High Court | Yes | [2018] SGHC 152 | Singapore | Cited regarding the burden of proof in claims involving defective workmanship. |
| Cooperatieve Centrale Raiffeisen-Boerenleenbank BA, Singapore Branch v Motorola Electronics Pte Ltd | Court of Appeal | Yes | [2011] 2 SLR 63 | Singapore | Cited regarding the burden of proof. |
| Ma Hongjin v SCP Holdings Pte Ltd | High Court | Yes | [2021] 1SLR 304 | Singapore | Cited regarding the burden of proof. |
| Anti-Corrosion Pte Ltd v Berger Paints Singapore Pte Ltd and another appeal | High Court | Yes | [2012] 1 SLR 427 | Singapore | Cited regarding the burden of proof. |
| Pacific Marine & Shipbuilding Pte Ltd v Xin Ming Hua Pte Ltd | High Court | Yes | [2014] SGHC 102 | Singapore | Cited regarding the burden of proof. |
| Browne v Dunn | House of Lords | Yes | Browne v Dunn (1893) 6 R 67 | United Kingdom | Cited regarding the rule that submissions about a witness's evidence should be put to the witness. |
| Hong Leong Singapore Finance Ltd v United Overseas Bank Ltd | High Court | Yes | [2007] 1 SLR(R) 292 | Singapore | Cited regarding the rule in Browne v Dunn. |
| Bollywood Veggies Pte Ltd v Chief Assessor | High Court | Yes | [2022] 3 SLR 1028 | Singapore | Cited regarding the rule in Browne v Dunn. |
| Yeo Kwan Wee Kenneth v Public Prosecutor | High Court | Yes | [2004] 2 SLR(R) 45 | Singapore | Cited regarding the rule in Browne v Dunn. |
| Press Automation Technology Pte Ltd v Trans-Link Exhibition Forwarding Pte Ltd | High Court | Yes | [2003] 1 SLR(R) 712 | Singapore | Cited regarding bargaining power and contractual options. |
| Laminates Acquisition Co v BTR Australia Ltd | English High Court | Yes | [2004] 1 All ER (Comm) 737 | England and Wales | Cited regarding the interpretation of notice clauses. |
| Yap Boon Keng Sonny v Pacific Prince International Pte Ltd | High Court | Yes | [2009] 1 SLR(R) 385 | Singapore | Cited regarding the reasonableness of cost of cure. |
| Airtrust (Hong Kong) Ltd v PH Hydraulics & Engineering Pte Ltd | High Court | Yes | [2014] 5 SLR 103 | Singapore | Cited regarding the award of indemnity costs. |
| Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd | High Court | Yes | [2013] SGHC 274 | Singapore | Cited regarding the award of indemnity costs when a case is thin and irreconcilable with documents. |
| GTMS Construction Pte Ltd v Ser Kim Koi (Chan Sau Yan (formerly trading as Chan Sau Yan Associates) and another, third parties) | High Court | Yes | [2021] SGHC 33 | Singapore | Cited regarding the award of indemnity costs when claims are highly unreasonable and exaggerated. |
| Amiri Flight Authority v BAE Systems plc and another | Court of Appeal | Yes | Amiri Flight Authority v BAE Systems plc and another [2003] 1 All ER (Comm) 1 | England and Wales | Cited regarding the application of the Unfair Contract Terms Act to contracts for the supply of both goods and services. |
| Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd | Queen's Bench | Yes | Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd [2010] 1 QB 86 | England and Wales | Cited regarding the definition of an international supply contract. |
| Watford Electronics Ltd v Sanderson CFL Ltd | Court of Appeal | Yes | Watford Electronics Ltd v Sanderson CFL Ltd [2001] 1 All ER (Comm) 696 | England and Wales | Cited regarding the reasonableness of exclusion clauses covering indirect loss. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Unfair Contract Terms Act 1977 (2020 Rev Ed) | Singapore |
| Evidence Act 1893 (2020 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Maintenance Work
- CMS Installation Work
- Defects
- Work Order Terms and Conditions
- Indemnity Costs
- Unfair Contract Terms Act
- Reasonable Skill and Care
- Heads-Up Display
- Spoiler Proximity Switch
- NiceHD CMS
- iPad Mounts
15.2 Keywords
- Breach of Contract
- Negligence
- Aircraft Maintenance
- CMS Installation
- Indemnity Costs
- Singapore High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Contract Law | 75 |
| Breach of Contract | 75 |
| Contractual terms | 70 |
| Damages Assessment | 65 |
| Negligence | 60 |
| Breach of Express Warranties | 60 |
| Civil Litigation | 60 |
| Civil Practice | 60 |
| Implied Terms | 55 |
| Exclusion Clauses | 50 |
| Costs | 50 |
| Evidence | 50 |
| Causation | 40 |
| Personal Injury | 30 |
16. Subjects
- Contract Law
- Tort Law
- Civil Procedure
- Aviation
- Costs