Writers Studio Pte Ltd v. Chin Kwok Yung: Breach of Confidence & Employment Law
In Writers Studio Pte Ltd v. Chin Kwok Yung, the High Court of Singapore addressed claims by Writers Studio against Chin Kwok Yung for damages related to alleged breaches of contract, a non-disclosure agreement (NDA), and duty of care. Writers Studio claimed that Mr. Chin's conduct and inappropriate behavior caused losses to their business. The court, presided over by Lee Seiu Kin J, dismissed Writers Studio's claims, finding that Mr. Chin was engaged as an independent contractor, not an employee, and that Writers Studio failed to prove breaches of the NDA or any duty of care.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Claim dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Writers Studio sued Chin Kwok Yung for breach of contract, confidence, and negligence. The court dismissed the claims, finding no breach of duty or NDA.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Writers Studio Pte Ltd | Plaintiff | Corporation | Claim Dismissed | Lost | Koh Weijin, Leon, Elsie Lim Yan |
| Chin Kwok Yung | Defendant | Individual | Claim Dismissed | Won | Hsu Sheng Wei Keith, Nico Lee Yin Hao |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Koh Weijin | N S Kang |
| Leon | N S Kang |
| Elsie Lim Yan | N S Kang |
| Hsu Sheng Wei Keith | Emerald Law LLC |
| Nico Lee Yin Hao | Emerald Law LLC |
4. Facts
- Writers Studio claimed Mr. Chin breached implied contractual duties and a non-disclosure agreement.
- Mr. Chin was engaged by Writers Studio as a tuition teacher in early 2018.
- Parties disputed whether Mr. Chin was an employee or a freelancer.
- Mr. Chin signed a non-disclosure agreement with Writers Studio on 25 April 2020.
- Mr. Chin ceased working at Writers Studio on 16 September 2020.
- Writers Studio alleged Mr. Chin's conduct and inappropriate behavior caused financial losses.
- Writers Studio claimed Mr. Chin contacted clients privately and failed to return teaching materials.
5. Formal Citations
- Writers Studio Pte Ltd v Chin Kwok Yung, Suit No 1017 of 2020, [2022] SGHC 205
6. Timeline
| Date | Event |
|---|---|
| Plaintiff filed Suit No 1017 of 2020. | |
| Mr. Chin engaged as a tuition teacher by Writers Studio. | |
| Mr Chin received first pay cheque from Writers Studio. | |
| Mr Chin requested a formal talk on his future with Writers Studio. | |
| Mr Chin signed a non-disclosure agreement. | |
| Mr Chin asked Ms Oh if she could hire him full time. | |
| Ms Oh and Mr Chin negotiated terms of Mr Chin’s engagement. | |
| Mr Chin ceased to work at Writers Studio. | |
| Writers Studio issued a termination letter to Mr Chin. | |
| Mr Chin gave an undertaking to the Court to terminate the 4599 Number. | |
| Trial began. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Judgment reserved. | |
| Judgment date. |
7. Legal Issues
- Breach of Contract
- Outcome: The court found that the defendant was engaged as an independent contractor and not an employee, and the plaintiff failed to prove a breach of contract.
- Category: Substantive
- Breach of Confidence
- Outcome: The court found that the plaintiff failed to prove that the defendant breached the non-disclosure agreement or any duty of confidentiality.
- Category: Substantive
- Negligence
- Outcome: The court found that while the defendant owed a duty of care to the plaintiff, the plaintiff failed to prove that the defendant breached that duty.
- Category: Substantive
- Implied Contractual Duties
- Outcome: The court found that the plaintiff failed to prove that the defendant breached any implied contractual duties.
- Category: Substantive
8. Remedies Sought
- Damages
- Punitive Damages
9. Cause of Actions
- Breach of Contract
- Breach of Confidence
- Negligence
10. Practice Areas
- Commercial Litigation
11. Industries
- Education
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Cooperatiehahahave Centrale Raiffeisen-Boerenleenbank BA v Motorola Electronics Pte Ltd | High Court | Yes | [2011] 2 SLR 63 | Singapore | Cited for the requirements for the formation of an implied contract. |
| Eng Chiet Shoong and others v Cheong Soh Chin and others | Court of Appeal | Yes | [2016] 4 SLR 728 | Singapore | Cited for the finding of an implied contract in limited circumstances. |
| Ang Sin Hock v Khoo Eng Lim | Court of Appeal | Yes | [2010] 3 SLR 179 | Singapore | Cited for the danger of too much commercial uncertainty being generated. |
| Kureoka Enterprise Pte Ltd v Central Provident Fund Board | High Court | Yes | [1992] SGHC 113 | Singapore | Cited for the relevant factors in determining whether a person is an employee. |
| BNM v National University of Singapore | Court of Appeal | Yes | [2014] 4 SLR 931 | Singapore | Cited for the relevant factors in finding that a company provided a contract for services. |
| Man Financial (S) Pte Ltd v Wong Bark Chuan David | High Court | Yes | [2008] 1 SLR(R) 663 | Singapore | Cited for the implied term for a duty of obedience and duty of fidelity and good faith in employment contracts. |
| Sembcorp Marine Ltd v PPL Holdings Pte Ltd | Court of Appeal | Yes | [2013] 4 SLR 193 | Singapore | Cited for the three-step test for implying a term in fact. |
| Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency | Court of Appeal | Yes | [2007] 4 SLR(R) 100 | Singapore | Cited for the two-stage test to determine whether a defendant owes a plaintiff a duty of care. |
| AYW v AYX | High Court | Yes | [2016] 1 SLR 1183 | Singapore | Cited for the requirement of reasonable foreseeability from a factual perspective. |
| Sunny Metal & Engineering Pte Ltd v Ng Khim Ming Eric | High Court | Yes | [2007] 1 SLR(R) 853 | Singapore | Cited for the requirement of reasonable foreseeability from a factual perspective. |
| Go Dante Yap v Bank Austria Creditanstalt AG | Court of Appeal | Yes | [2011] 4 SLR 559 | Singapore | Cited for the legal proximity between the parties which justified the imposition of a prima facie duty of care. |
| Animal Concerns Research & Education Society v Tan Boon Kwee | High Court | Yes | [2011] 2 SLR 146 | Singapore | Cited for the legal proximity between the parties which justified the imposition of a prima facie duty of care. |
| Pacific Associates Inc v Baxter | Court of Appeal | Yes | [1990] 1 QB 993 | England and Wales | Cited for the salient facts in determining legal proximity. |
| Lister v Romford Ice and Cold Storage Co Ltd | House of Lords | Yes | [1957] AC 555 | United Kingdom | Cited for the implied term in the contract that the appellant would perform his duties with the proper care. |
| Chua Choon Cheng and ors v Allgreen Properties Ltd and another appeal | Court of Appeal | Yes | [2009] 3 SLR(R) 724 | Singapore | Cited for the terms implied by law reflect considerations of fairness and policy. |
| Blyth v The Company of Proprietors of The Birmingham Waterworks | Court of Exchequer | Yes | (1856) 11 Exch 781 | England and Wales | Cited for the definition of negligence. |
| Management Corporation Strata Title Plan No 2668 v Rott George Hugo | High Court | Yes | [2013] 3 SLR 787 | Singapore | Cited for the factors which are relevant to the particular circumstances of the particular case such as the likelihood and risks of harm, the extent of harm, costs of avoiding harm, and the industry standards and common practice. |
| Gimpex Ltd v Unity Holdings Business Ltd | Court of Appeal | Yes | [2015] 2 SLR 686 | Singapore | Cited for the definition of hearsay evidence. |
| I-Admin (Singapore) Pte Ltd v Hong Ying Ting | Court of Appeal | Yes | [2020] 1 SLR 1130 | Singapore | Cited for the breach of an NDA and the breach of an equitable obligation of confidentiality are distinct causes of action. |
| Coco v AN Clark (Engineers) Ltd | High Court | Yes | [1969] RPC 41 | England and Wales | Cited for the traditional approach to an action for breach of confidence. |
| X Pte Ltd v CDE | High Court | Yes | [1992] 2 SLR(R) 575 | Singapore | Cited for the traditional approach to an action for breach of confidence. |
| Total English Learning Global Pte Ltd v Kids Counsel Pte Ltd | High Court | Yes | [2014] SGHC 258 | Singapore | Cited for the obligation of confidence may arise by way of a contractual relationship. |
| Invenpro (M) Sdn Bhd v JCS Automation Pte Ltd | High Court | Yes | [2014] 2 SLR 1045 | Singapore | Cited for the obligation of confidence may arise by way of a contractual relationship. |
| LVM Law Chambers LLC v Wan Hoe Keet | Court of Appeal | Yes | [2020] 1 SLR 1083 | Singapore | Cited for the applicable legal principles in deciding whether a lawyer or law firm should be restrained from acting for a plaintiff against the same counterparty in a previous set of proceedings resolved by means of a settlement or mediation. |
| Lim Oon Kuin and others v Rajah & Tann Singapore LLP | Court of Appeal | Yes | [2022] SGCA 29 | Singapore | Cited for the decision in I-Admin did not set out to turn the law on breach of confidence on its head by replacing the traditional Coco approach in its entirety. |
| Risk-X Sdn Bhd v Capital Market Risk Advisor Sdn Bhd | High Court | Yes | [2017] 8 MLJ 475 | Malaysia | Cited for the need to particularise and show precisely what documents Mr Chin had failed to return which he had in his possession. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Non-disclosure agreement
- Confidential information
- Implied contract
- Duty of care
- Employment contract
- Independent contractor
- Tuition fees
- Teaching materials
- Client contact
- Inappropriate behavior
15.2 Keywords
- Breach of contract
- Breach of confidence
- Employment law
- Negligence
- Non-disclosure agreement
- Independent contractor
- Tuition
- Singapore
- High Court
16. Subjects
- Contract Law
- Employment Law
- Confidentiality
- Torts
17. Areas of Law
- Breach of Confidence
- Employment Law
- Tort Law
- Contract Law