Wong Kee Wah v Sng Boon Chye: Interpretation of Contract for Commission Payments
In Wong Kee Wah v Sng Boon Chye, the High Court of Singapore addressed a dispute over commission payments. Wong Kee Wah, the plaintiff, sued Sng Boon Chye, the defendant, for school fees collected, advance commission, and a loan. Sng Boon Chye counterclaimed for unpaid commission. The court, presided over by Choo Han Teck J, found that the Memorandum of Understanding (MOU) between the parties did not extend to the courses in dispute and ruled that Wong Kee Wah was liable to pay Sng Boon Chye commission, less set-offs for school fees, advance commission, and the loan. The court ordered Wong Kee Wah to pay Sng Boon Chye $417,426.50.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Judgment for Defendant on Counterclaim, Plaintiff to pay Defendant $417,426.50 after set-off
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The case concerns a dispute over commission payments between Wong Kee Wah and Sng Boon Chye. The court found that a prior MOU did not govern subsequent work and ruled in favor of Sng Boon Chye.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Wong Kee Wah | Plaintiff | Individual | Counterclaim Allowed | Lost | Lim Junchen Xavier, Vernon Bonifac Fernandez |
| Sng Boon Chye | Defendant | Individual | Counterclaim Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Junchen Xavier | Yeo & Associates LLC |
| Vernon Bonifac Fernandez | Yeo & Associates LLC |
4. Facts
- The plaintiff is the sole proprietor of The Education Future Hub (TEFH).
- The defendant is a sub-contractor of the plaintiff who markets selected courses from Approved Training Organizations (ATOs).
- The plaintiff and defendant signed a Memorandum of Understanding (MOU) on 1 January 2019.
- The defendant marketed courses from CAA, TLI and BITC which were not expressly provided for in the 2019 MOU.
- The plaintiff claims against the defendant for school fees collected, advance commission paid, and a loan extended.
- The defendant counterclaims against the plaintiff for commission for promoting CAA, TLI and BITC courses.
5. Formal Citations
- Wong Kee Wah (trading as The Education Future Hub) v Sng Boon Chye, Suit No 1062 of 2020, [2022] SGHC 95
6. Timeline
| Date | Event |
|---|---|
| Plaintiff and defendant signed a Memorandum of Understanding | |
| Plaintiff transferred $10,000 to defendant as a loan | |
| Plaintiff transferred $15,298.55 to defendant as advance commission | |
| Plaintiff requested defendant to transfer all school fees collected | |
| Trial began | |
| Trial concluded | |
| Judgment reserved |
7. Legal Issues
- Interpretation of Contract
- Outcome: The court held that the 2019 MOU did not apply to the defendant’s work in promoting CAA, TLI and BITC courses.
- Category: Substantive
- Entitlement to Commission
- Outcome: The court found that the defendant was entitled to commission for his work in promoting CAA, TLI and BITC courses.
- Category: Substantive
- Right of Set-Off
- Outcome: The court found that there was no binding agreement between the parties that conferred the defendant a contractual right of set-off.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Education
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
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
- Memorandum of Understanding
- Approved Training Organizations
- Commission
- Disbursement of fund
- Marketing guidelines
- School fees
- Set-off
15.2 Keywords
- Contract
- Commission
- Education
- MOU
- Singapore
16. Subjects
- Contract Dispute
- Commission Payments
17. Areas of Law
- Contract Law
- Interpretation of Contract