Wong Kee Wah v Sng Boon Chye: Commission Dispute over ATO Programmes

Wong Kee Wah, trading as The Education Future Hub, appealed against a decision in favor of Sng Boon Chye regarding commissions earned on programmes from Approved Training Organisations (ATOs). The Appellate Division of the High Court of Singapore, comprising Woo Bih Li JAD, Debbie Ong Siew Ling J, and Aedit Abdullah J, heard the appeal on 25 October 2022. The court allowed the appeal, finding that the Memorandum of Understanding (MOU) between the parties applied to the programmes in question, and adjusted the sums payable accordingly.

1. Case Overview

1.1 Court

Appellate Division of the High Court

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding commission dispute between Wong Kee Wah and Sng Boon Chye over Approved Training Organisation (ATO) programmes. The court allowed the appeal, finding the MOU applied.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Wong Kee Wah t/a The Education Future HubAppellant, PlaintiffIndividualAppeal AllowedWon
Sng Boon ChyeRespondent, DefendantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudge of the Appellate DivisionYes
Debbie Ong Siew LingJudge of the High CourtNo
Aedit AbdullahJudge of the High CourtNo

4. Counsels

Counsel NameOrganization
Chua Ying Ying ErinDrew & Napier LLC
Kong Man ErDrew & Napier LLC
Liang Fang Ling ElisabethDrew & Napier LLC
Kawal Pal Singh s/o Amarjit SinghTito Issac & Co LLP
Lucella Maria Lucias JeraledTito Issac & Co LLP

4. Facts

  1. Wong Kee Wah is the sole proprietor of The Education Future Hub.
  2. The Education Future Hub markets programmes offered by Approved Training Organisations (ATOs).
  3. Sng Boon Chye is a sub-contractor of Wong Kee Wah.
  4. Wong Kee Wah and Sng Boon Chye signed an MOU on 1 January 2019.
  5. The dispute concerns commissions earned on various programmes.
  6. The ATOs receive funding from government-linked agencies.
  7. P informed D that any advance payment subject to IBF funding was subject to claw back if funding was rejected.

5. Formal Citations

  1. Wong Kee Wah (trading as The Education Future Hub) v Sng Boon Chye, Civil Appeal No 47 of 2022, [2022] SGHC(A) 36

6. Timeline

DateEvent
MOU signed between Wong Kee Wah and Sng Boon Chye
Advance commission paid by Wong Kee Wah to Sng Boon Chye for CAA programmes
Sng Boon Chye promoted CAA, TLI and BITC programmes
Sng Boon Chye promoted CAA, TLI and BITC programmes
Defence and Counterclaim (Amendment No 1) filed
Plaintiff’s Reply and Defence to Counterclaim (Amnd No 1) filed
Defendant’s AEIC dated
Plaintiff’s AEIC dated
Cross-examination of D
ACB (Vol II) dated
ASCB dated
Judgment delivered

7. Legal Issues

  1. Interpretation of Contractual Terms
    • Outcome: The court found that the MOU applied to the programmes from the three ATOs, including the CAA programmes in question.
    • Category: Substantive
    • Sub-Issues:
      • Application of contra proferentem rule
      • Extension of MOU by conduct

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Education

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Wong Kee Wah (trading as The Education Future Hub) v Sng Boon ChyeHigh CourtYes[2022] SGHC 95SingaporeThe Judge found that D is liable to P for school fees collected, advance commission paid, and a loan extended. The Judge also found that P is liable to pay D commission for promoting CAA, TLI and BITC programmes.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Approved Training Organisations
  • ATO
  • Commission
  • Memorandum of Understanding
  • MOU
  • Skills Future Credits
  • SFC
  • Leadership People Management
  • LPM
  • Service Leadership
  • SL

15.2 Keywords

  • contract
  • commission
  • education
  • training
  • MOU
  • agreement

17. Areas of Law

Area NameRelevance Score
Interpretation of contractual terms90
Contract Law80
Breach of Contract70
Commissions60

16. Subjects

  • Contract Dispute
  • Commission Dispute