John While Springs (S) Pte Ltd and Another v Goh Sai Chuah Justin and Others

JurisdictionSingapore
CourtHigh Court (Singapore)
JudgeChoo Han Teck J
Judgment Date16 July 2004
Neutral Citation[2004] SGHC 150
Citation[2004] SGHC 150
Subject MatterWhether assistant registrar accurately assessed damages with regards to bonuses,Whether plaintiffs successful in proving loss with regards to investigation expenses,Damages,Assessment
Docket NumberSuit No 848 of 2000 (Registrar's Appeal No 103 of 2004)
Date16 July 2004
Defendant CounselN Screenivasan and Collin Choo (Straits Law Practice LLC)
Published date20 July 2004
Plaintiff CounselLee Eng Beng and Mark Cheng (Rajah and Tann)

16 July 2004

Choo Han Teck J:

1 The first and second plaintiffs are related companies and were at all material times in the business of manufacturing precision spring mechanisms. The first defendant was a director of the first and second plaintiffs until 27 October 2000. The second defendant was a director and manager of the second plaintiff up to 27 October 2000. The sixth defendant was the production manager of the second plaintiff up to 5 September 2000. The third defendant was a company incorporated with the purpose of carrying on business in competition with the plaintiff. The action in this suit was commenced by the plaintiffs against their former employees and directors for damages for breach of fiduciary duty as well as for restraining orders against them. The first, second, third and sixth defendants consented to judgment on the second day of the trial. The plaintiffs had decided not to proceed against the other defendants. The consent judgment of 21 March 2001 directed that damages were to be assessed and to be paid by the first and second defendants to the plaintiffs. The interim injunction against the first and second defendants was discharged but was continued as a permanent injunction insofar as the third defendant was concerned. The abovementioned defendants also admitted a statement of facts accepting that they had acted in breach of their duty of good faith as directors. The facts admitted were particularised in the statement of facts as follows:

PARTICULARS

(a) The 1st Defendant and the 2nd Defendant have been actively involved in the business of the 3rd Defendant which is in direct and/or is intended to be in direct competition with the business of the Plaintiffs.

(b) The 1st Defendant and the 2nd Defendants have induced Eddy an ex-employee of the 2nd Plaintiffs to leave the employment of the 2nd Plaintiffs and to seek employment with the 3rd Defendants.

(c) The 1st Defendant and the 2nd Defendant have misappropriated the Plaintiff’s goodwill, customer base and corporate opportunities for the benefit of themselves and the 3rd Defendant by procuring or attempting to procure, both directly and through the 3rd Defendant, certain of the Plaintiffs’ existing customers, including the following customers of the Plaintiffs:

(i) Texas Instruments Malaysia Sdn Bhd;

(ii) Hewlett Packard Singapore Pte Ltd; and

(iii) Shimano (S) Pte Ltd

(d) The 1st Defendant has misused the Plaintiffs’ premises and property for the purpose of advancing the interests of the 3rd Defendant including, misusing the Plaintiffs’ premises and property for the purposes of ordering machinery and/or goods and for soliciting business for the benefit of the 3rd Defendant, and misusing the Plaintiffs’ computers for the purpose of sending electronic mail and the preparation of documents for the benefit of the 3rd Defendant.

2 The parties proceeded to have damages assessed before the assistant registrar in January 2004. The assistant registrar assessed the damages under four heads and her orders were as follows:

(a) expenses incurred for...

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10 cases
  • Quality Assurance Management Asia Pte Ltd v Zhang Qing
    • Singapore
    • High Court (Singapore)
    • 3 May 2013
    ...156 CLR 41 (refd) Item Software (UK) Ltd v Fassihi [2004] EWCA Civ 1244 (refd) John While Springs (S) Pte Ltd v Goh Sai Chuah Justin [2004] 3 SLR (R) 596; [2004] 3 SLR 596 (refd) Kumagai-Zenecon Construction Pte Ltd v Low Hua Kin [1999] 3 SLR (R) 1049; [2000] 2 SLR 501 (refd) Low Hua Kin v ......
  • Then Khek Khoon v Arjun Permanand Samtani
    • Singapore
    • High Court (Singapore)
    • 14 February 2012
    ...Kim [2001] SGHC 75 (refd) Ho Kon Kim v Betsy Lim Gek Kim [2001] SGCA 64 (refd) John While Springs (S) Pte Ltd v Goh Sai Chuah Justin [2004] 3 SLR (R) 596; [2004] 3 SLR 596 (refd) Kooky Garments Ltd v Charlton [1994] 1 NZLR 587 (distd) Kumagai-Zenecon Construction Pte Ltd v Low Hua Kin [1999......
  • Beyonics Asia Pacific Ltd and others v Goh Chan Peng and another
    • Singapore
    • High Court (Singapore)
    • 28 May 2020
    ...67 ER 313 (folld) Ho Kang Peng v Scintronix Corp Ltd [2014] 3 SLR 329 (folld) John While Springs (S) Pte Ltd v Goh Sai Chuah Justin [2004] 3 SLR(R) 596; [2004] 3 SLR 596 (folld) Johnson v Gore Wood & Co [2002] 2 AC 1 (folld) Ketteman v Hansel Properties Ltd [1987] AC 189 (folld) Kumagai-Zen......
  • Aljunied-Hougang Town Council and another v Lim Swee Lian Sylvia and others and another suit
    • Singapore
    • High Court (Singapore)
    • 11 October 2019
    ...of causation: see QAM ([227] supra) at [60]–[61], citing John While Springs (S) Pte Ltd and another v Goh Sai Chuah Justin and others [2004] 3 SLR(R) 596 (“John While Springs”) at [5]; and Winsta Holding Pte Ltd and another v Sim Poh Ping and others [2018] SGHC 239 (“Winsta”) at [194], [222......
  • Request a trial to view additional results
5 books & journal articles
  • NAVIGATING THE MAZE
    • Singapore
    • Singapore Academy of Law Journal Nbr. 2016, December 2016
    • 1 December 2016
    ...at [23]; Kumagai-Zenecon Construction Pte Ltd v Low Hua Kin[1999] 3 SLR(R) 1049; John While Springs (S) Pte Ltd v Goh Sai Chuah Justin[2004] 3 SLR(R) 596; First Energy Pte Ltd v Creanovate Pte Ltd[2007] 1 SLR(R) 1050 (the appeal did not revisit the principles for equitable compensation: Cre......
  • BURDEN OF PROOF AND STANDARD OF PROOF IN CIVIL LITIGATION
    • Singapore
    • Singapore Academy of Law Journal Nbr. 2013, December 2013
    • 1 December 2013
    ...and [139]. 108 See discussion at paras 17–27 above. 109 109 See, for eg, John While Springs (S) Pte Ltd v Goh Sai Chuah Justin[2004] 3 SLR(R) 596, in particular, [5]–[6]. Bearing in mind the trial process — see paras 28–38 above — it will be clear that no party to the trial would be aware a......
  • THE RATIONALISATION OF DIRECTORS’ DUTIES IN SINGAPORE
    • Singapore
    • Singapore Academy of Law Journal Nbr. 2005, December 2005
    • 1 December 2005
    ...T M Yeo “Limited Liability for Breach of Fiduciary Duty”(1998) 114 LQR 181, and now John While Springs (S) Pte Ltd v Goh Sai Chuah Justin[2004] 3 SLR 596, relying on Kumagai-Zenecon Construction Pte Ltd v Low Hua Kin[2000] 2 SLR 501, holding that while the burden was on the plaintiffs to pr......
  • Equity and Trusts
    • Singapore
    • Singapore Academy of Law Annual Review Nbr. 2013, December 2013
    • 1 December 2013
    ...will readily shift the evidential burden on causation to the breaching fiduciary: John While Springs (S) Pte Ltd v Goh Sai Chuah Justin[2004] 3 SLR(R) 596 (‘John While Springs’) at [6]. The court ‘does not allow an examination into the relative importance of contributory causes’ (per Spigel......
  • Request a trial to view additional results

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