Access Medical v MHC Medical: Dispute over MOA Breach and Particulars
In the General Division of the High Court of Singapore, Assistant Registrar Vikram Rajaram heard applications for further and better particulars in a case between Access Medical Pte Ltd and others (Claimants) and MHC Medical Network Pte Ltd (Defendant). The Claimants allege breach of contract by the Defendant for non-payment of $456,182.04 under Memorandums of Agreement (MOAs). The Defendant denies the claim and counterclaims against the Claimants and Dr. Lim Yong Chin for submitting inappropriate claims. The court dismissed the Defendant's application but allowed the 10th Defendant in Counterclaim’s application in part, ordering particulars necessary to understand the counterclaim.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Defendant’s application dismissed; 10th Defendant in Counterclaim’s application allowed in part.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court addresses applications for further particulars in a dispute between Access Medical and MHC Medical concerning alleged breaches of Memorandums of Agreement.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Access Medical Pte Ltd | Claimant | Corporation | Application dismissed | Lost | Josephine Costan |
| Access Medical Circuit Road Pte Ltd | Claimant | Corporation | Application dismissed | Lost | Josephine Costan |
| Access Medical Whampoa Pte Ltd | Claimant | Corporation | Application dismissed | Lost | Josephine Costan |
| Access Medical Marine Terrace Pte Ltd | Claimant | Corporation | Application dismissed | Lost | Josephine Costan |
| Access Medical Toa Payoh Pte Ltd | Claimant | Corporation | Application dismissed | Lost | Josephine Costan |
| Access Medical Kim Keat Pte Ltd | Claimant | Corporation | Application dismissed | Lost | Josephine Costan |
| Access Medical Jurong West Pte Ltd | Claimant | Corporation | Application dismissed | Lost | Josephine Costan |
| Access Medical Bukit Batok Pte Ltd | Claimant | Corporation | Application dismissed | Lost | Josephine Costan |
| Access Medical Redhill Close Pte Ltd | Claimant | Corporation | Application dismissed | Lost | Josephine Costan |
| MHC Medical Network Pte Ltd | Defendant | Corporation | Application dismissed, Application dismissed | Lost, Lost | Colin Wu, Tammie Khor |
| Lim Yong Chin | Respondent | Individual | Application allowed in part | Partial | Ning Jie, Cedric Sun, Preshin Manmindar |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vikram Rajaram | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Josephine Costan | David Nayar and Associates |
| Colin Wu | Braddell Brothers LLP |
| Tammie Khor | Braddell Brothers LLP |
| Ning Jie | Damodara Ong LLC |
| Cedric Sun | Damodara Ong LLC |
| Preshin Manmindar | Damodara Ong LLC |
4. Facts
- The Claimants provide general practice clinic services.
- The Defendant provides administrative and marketing support to clinics.
- The Claimants and Defendant entered into Memorandums of Agreement (MOAs).
- The Claimants allege the Defendant has not paid $456,182.04 due under tax invoices.
- The Defendant denies the claim, alleging the claims were not valid.
- The Defendant is pursuing a counterclaim against the Claimants and Dr Lim.
- The Defendant alleges the Claimants submitted claims that were not medically warranted.
5. Formal Citations
- Access Medical Pte Ltd and others v MHC Medical Network Pte Ltd, Originating Claim No 327 of 2022 (Summonses Nos 2617 and 2618 of 2023), [2023] SGHCR 19
6. Timeline
| Date | Event |
|---|---|
| Tax invoices issued from July 2018 to October 2018 | |
| Tax invoices issued from July 2018 to October 2018 | |
| Originating Claim No 327 of 2022 filed | |
| Defendant’s List of Documents dated | |
| Letter of Request dated | |
| Dr Lim’s 10th Affidavit filed | |
| Hearing date | |
| Judgment date |
7. Legal Issues
- Need for Further and Better Particulars
- Outcome: The court determined that some particulars were necessary for the 10th Defendant in Counterclaim to understand the case, while others were not necessary or sought evidence.
- Category: Procedural
- Sub-Issues:
- Clarity of Pleadings
- Understanding the Case
- Avoiding Surprise at Trial
- Fraud and Deceit
- Outcome: The court ordered the Defendant to provide particulars of the statements made and the knowledge of their falsity in support of its counterclaim in fraud and deceit.
- Category: Substantive
- Sub-Issues:
- False Statements
- Knowledge of Falsity
8. Remedies Sought
- Repayment of Monies Received
- Damages for Loss Suffered
9. Cause of Actions
- Breach of Contract
- Fraud
- Deceit
10. Practice Areas
- Litigation
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| AstraZeneca AB (SE) v Sanofi-Aventis Singapore Pte Ltd | High Court | Yes | [2013] SGHCR 7 | Singapore | Cited for the principle that particulars are designed to inform the opposing party of the nature of the case to be met at trial. |
| Sharikat Logistics Pte Ltd v Ong Boon Chuan and others | High Court | Yes | [2011] SGHC 196 | Singapore | Cited for the principle that pleadings should state material facts, not evidence, and set out the basic case. |
| Panatron Pte Ltd and another v Lee Cheow Lee and another | Court of Appeal | Yes | [2001] 2 SLR(R) 435 | Singapore | Cited for the essential elements of the tort of deceit. |
| Perestrello e Companhia Limitada v United Paint Co Ltd | N/A | Yes | [1969] 1 WLR 570 | N/A | Cited for the definition of special damages. |
13. Applicable Rules
| Rule Name |
|---|
| Order 9 Rule 13 of the Rules of Court 2021 |
| Order 18 Rule 12(3) of the Rules of Court (2014 Rev Ed) |
| Order 18 Rule 12(1) of the Rules of Court (2014 Rev Ed) |
| Order 3 Rule 1(2) of the Rules of Court 2021 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court 2021 | Singapore |
| Rules of Court (2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Memorandum of Agreement
- MOA
- Tax Invoice
- Healthcare Services
- MHC System
- Inappropriate Claims
- Best Practices Standard
- Further and Better Particulars
- Repudiatory Breach
- Collateral Purposes Allegation
15.2 Keywords
- further and better particulars
- pleadings
- breach of contract
- fraud
- medical claims
- Singapore High Court
16. Subjects
- Civil Procedure
- Contract Law
- Medical Law
17. Areas of Law
- Civil Procedure
- Pleadings