Ice Messaging Pte Ltd v Ng Chee Heung: Unjust Enrichment & Unauthorized Payments
In Suit Nos 115 and 117 of 2018, Ice Messaging Pte Ltd sued Ng Chee Heung and Wong Thai Hian for monies had and received and, in the alternative, for unjust enrichment. The Plaintiff claimed $174,988.34 from Ng and $133,495.90 from Wong, alleging unauthorized commission payments. The General Division of the High Court of the Republic of Singapore, presided over by Senior Judge Lai Siu Chiu, found in favor of the Plaintiff, concluding that there was no contractual basis for the Defendants to receive the commissions and that they were unjustly enriched.
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
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Ice Messaging sued ex-employees for unjust enrichment from unauthorized commission payments. The court found no basis for the payments and ruled in favor of Ice Messaging.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ice Messaging Pte Ltd | Plaintiff | Corporation | Judgment for Plaintiff | Won | |
| Ng Chee Heung | Defendant | Individual | Claim Dismissed | Lost | |
| Wong Thai Hian | Defendant | Individual | Claim Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Senior Judge | Yes |
4. Counsels
4. Facts
- Ice Messaging Pte Ltd sued Ng Chee Heung and Wong Thai Hian for unauthorized commission payments.
- Ng and Wong were employees of Ice Mobile Sdn Bhd, not Ice Messaging Pte Ltd.
- Ng and Wong received commission payments from Ice Messaging Pte Ltd for sales allegedly made on its behalf.
- Suresh Kumar, the CEO of Ice Messaging Pte Ltd, discovered the unauthorized commission payments.
- The payments were allegedly facilitated by Balamurali Balasubramaniam (Bala), the CEO of Ice Mobile, and Cindy Soh, an employee of Ice Mobile.
- There was no written agreement or correspondence authorizing Ice Messaging Pte Ltd to pay commissions to Ng and Wong.
- Ng and Wong did not declare the unauthorized commissions as income for tax purposes.
5. Formal Citations
- Ice Messaging Pte Ltd v Ng Chee Heung and another suit, Suit Nos 115 and 117 of 2018, [2022] SGHC 22
6. Timeline
| Date | Event |
|---|---|
| Wong was offered employment as a systems engineer by Radius. | |
| Wong accepted employment offer from Radius. | |
| Wong started receiving sales commission while employed by Radius. | |
| Ng received letter of appointment from Radius. | |
| Ng was employed by Radius as a key account manager. | |
| Defendants opened Singapore Maybank accounts. | |
| Radius-ED Sdn Bhd changed its name to Ice Mobile Sdn Bhd. | |
| Ice Messaging Pte Ltd was incorporated. | |
| Unauthorized commissions commenced for both defendants. | |
| Kumar was appointed a director and CEO of the Plaintiff and Ice Mobile. | |
| Unauthorized commissions ended for both defendants. | |
| Wong resigned from Ice Mobile. | |
| Ng resigned from Ice Mobile. | |
| Wong commenced proceedings against Ice Mobile in the MIAC. | |
| Ng instituted proceedings against Ice Mobile in the MIAC. | |
| Ng applied to withdraw Ng’s arbitration proceedings by email. | |
| The MIAC made an order dismissing Ng's case. | |
| Date of writ of summons. | |
| Ng sued Ice Mobile in the Sessions Court in Malaysia. | |
| The MIAC dismissed Wong’s IAC proceedings. | |
| The Sessions Court ruled in favor of Ng’s claim. | |
| Suits were consolidated by order of court. | |
| The High Court allowed Ice Mobile’s appeal, set aside the judgment of the Session Court and dismissed Ng’s claim with costs. | |
| Cross-examination of Kumar. | |
| Cross-examination of Wong. | |
| Grounds of judgment received by the Plaintiff. | |
| Both parties filed their further submissions. | |
| Judgment in Suit 1180 of 2019 was issued. | |
| Judgment reserved. |
7. Legal Issues
- Unjust Enrichment
- Outcome: The court found that the defendants were unjustly enriched by the unauthorized commissions they received from the plaintiff.
- Category: Substantive
- Related Cases:
- [2006] 3 SLR 845
- [2013] 3 SLR 801
- Breach of Contract
- Outcome: The court found that there was no contractual basis for the defendants to receive sales commission from the plaintiff.
- Category: Substantive
8. Remedies Sought
- Restitution of Monies
- Interest
9. Cause of Actions
- Unjust Enrichment
- Monies Had and Received
10. Practice Areas
- Commercial Litigation
11. Industries
- Mobile Messaging
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Metupalle Vasanthan & Anor v Loganathan Ravishankar & Anor | High Court | Yes | [2021] SGHC 238 | Singapore | Mentioned in passing as another case involving Loganathan Ravishankar. |
| Tribune Investment Trust Inc v Soosan Trading Co Ltd | Court of Appeal | Yes | [2000] 2 SLR(R) 404 | Singapore | Cited for the principle that in the absence of a formal contract, the existence of a contract must be inferred from written correspondence and conduct of the parties. |
| Gay Choon Ing v Loh Sze Ti Terence Peter | Unknown | Yes | [2009] 2 SLR(R) 332 | Singapore | Cited for the correct approach to find a contract exists based on a series of correspondence. |
| Chwee Kin Keong & Ors v Digilandmall.com Pte Ltd | Unknown | Yes | [2004] 2 SLR(R) 594 | Singapore | Cited for the correct approach to find a contract exists based on a series of correspondence. |
| Manuchar Steel Hong Kong Ltd v Star Pacific Line Pte Ltd | Unknown | Yes | [2014] 4 SLR 832 | Hong Kong | Cited to show that the concept of a single economic entity is fraught with difficulties. |
| Singapore Swimming Club v Koh Sin Chong Freddie | Unknown | Yes | [2006] 3 SLR 845 | Singapore | Cited for the elements required to found an action for unjust enrichment. |
| Wee Chiaw Sek Anna v Ng Li-Ann Genevieve and Another | Court of Appeal | Yes | [2013] 3 SLR 801 | Singapore | Cited for the principles of unjust enrichment. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence Act Cap 97 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Unauthorized Commissions
- Unjust Enrichment
- Ice Mobile
- Sales Commission
- OTE Scheme
- Illicit Arrangement
- Board Sanction
- Singapore Accounts
15.2 Keywords
- Unjust Enrichment
- Restitution
- Commission
- Ice Messaging
- Ice Mobile
- Unauthorized Payments
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Unjust Enrichment | 90 |
| Contract Law | 60 |
| Fraud and Deceit | 50 |
| Company Law | 30 |
16. Subjects
- Unjust Enrichment
- Restitution
- Contract Law
- Agency