Elias Xanthopoulos v Rotating Offshore Solutions: Appeal on Unpaid Fees and Contractual Terms
Elias Xanthopoulos appealed against the High Court's decision to dismiss his claim for unpaid fees against Rotating Offshore Solutions Pte Ltd. The Appellate Division of the High Court allowed the appeal in part, finding that Xanthopoulos was entitled to reasonable compensation for his work as project manager of the MODEC Project, but dismissed the appeal regarding the Caevest Project. The court varied the costs order made below to increase the percentage of the Appellant’s costs from 25% to 33%.
1. Case Overview
1.1 Court
Appellate Division of the High Court of the Republic of Singapore1.2 Outcome
Appeal Allowed in Part
1.3 Case Type
Civil
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding unpaid fees for projects. The court allowed the appeal in part, finding entitlement to compensation for the MODEC Project.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lim Boon Chye Victor | Respondent | Individual | Neutral | Neutral | |
| Rotating Offshore Solutions Pte Ltd | Respondent | Corporation | Appeal dismissed in part | Partial | |
| Elias Xanthopoulos | Appellant | Individual | Appeal allowed in part | Partial | |
| ROS Engineering Pte Ltd | Respondent | Corporation | Neutral | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Quentin Loh | Judge of the Appellate Division | Yes |
| Kannan Ramesh | Judge of the High Court | No |
| Hoo Sheau Peng | Judge of the High Court | No |
4. Counsels
4. Facts
- The Appellant claimed for unpaid fees pertaining to certain projects against RO Solutions under the ROSE Agreement.
- The Appellant sought relief as a minority shareholder of ROSE from the oppressive conduct of RO Solutions and Mr Lim.
- The Judge allowed the Appellant’s minority oppression claim but dismissed all his other claims for unpaid fees.
- The Appellant was the managing director and minority shareholder of ROSE and the engineering director of RO Solutions.
- The Appellant was appointed as project manager for the MODEC Project from November 2014 to June 2015.
- The Appellant resigned from his positions as engineering director at RO Solutions and managing director of ROSE on 1 July 2018.
5. Formal Citations
- Elias Xanthopoulos v Rotating Offshore Solutions Pte Ltd and others, Civil Appeal No 101 of 2021, [2022] SGHC(A) 17
6. Timeline
| Date | Event |
|---|---|
| ROSE Agreement signed | |
| RO Solutions began paying Appellant an additional S$15,000 per month | |
| Appellant appointed project manager for the MOPU BOSS1 Project | |
| Appellant's role as project manager for the MOPU BOSS1 Project ended | |
| Appellant appointed project manager for the MODEC Project | |
| MODEC Project started | |
| Appellant's role as project manager for the MODEC Project ended | |
| Appellant appointed project manager for the MOPU D18 Project | |
| Appellant's role as project manager for the MOPU D18 Project ended | |
| RO Solutions entered into a contract with Caevest Private Limited for the Caevest Project | |
| RO Solutions sent a letter to the Immigration & Checkpoints Authority stating that the Appellant’s designation at RO Solutions was Engineering Director and his fixed salary was $15,000 | |
| Appellant resigned from his positions as engineering director at RO Solutions and managing director of ROSE | |
| Mr Chia was managing director of RO Solutions | |
| Suit 626 filed | |
| Notice of appeal dated | |
| Appellant’s case dated | |
| Respondent’s case dated | |
| Judgment delivered |
7. Legal Issues
- Entitlement to Commission
- Outcome: The court dismissed the Appellant’s claim for commission for the Caevest Project.
- Category: Substantive
- Entitlement to Compensation
- Outcome: The court found that the Appellant is entitled to reasonable compensation for his work as project manager of the MODEC Project.
- Category: Substantive
8. Remedies Sought
- Unpaid fees
- Relief as a minority shareholder
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Offshore Solutions
- Engineering
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Xanthopoulos, Elias v Rotating Offshore Solutions Pte Ltd and others | High Court | Yes | [2021] SGHC 197 | Singapore | The current appeal is against the High Court Judge’s decision in this case to dismiss the appellant's claim for unpaid fees. |
| Global Yellow Pages Ltd v Promedia Directories Pte Ltd and another matter | Court of Appeal | Yes | [2017] 2 SLR 185 | Singapore | Cited regarding the court's discretion to consider arguments raised in a reply even if it was not required to be filed. |
13. Applicable Rules
| Rule Name |
|---|
| O 56A r 9(7) of the Rules of Court (2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- ROSE Agreement
- Caevest Project
- MODEC Project
- Commission
- Reasonable compensation
- Project manager
15.2 Keywords
- unpaid fees
- contractual terms
- commission
- compensation
- project management
- minority shareholder
- oppressive conduct
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Procedure | 75 |
| Contracts | 70 |
| Breach of Contract | 65 |
| Contract Law | 60 |
| Damages | 60 |
| Appeal | 50 |
| Procedural Law | 40 |
| Interest | 30 |
16. Subjects
- Contractual Disputes
- Appeals
- Civil Procedure