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In the High Court of the Republic of Singapore
[1998] SGHC 367
Suit 196/1997
Between
Patson Marketing & Construction Pte Ltd |
… Plaintiff
And
Lip Guan Construction Pte Ltd |
… Defendant
And
Phua Chor Chiang |
… Third Party
grounds of decision
This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher’s duty in compliance with the law, for publication in LawNet and/or the Singapore Law Reports. |
Patson Marketing & Construction Pte Ltd v Lip Guan Construction Pte Ltd (Phua Chor Chiang, Third Party)
[1998] SGHC 367
Suit 196/1997
Lim Teong Qwee JC
09 November 1998
Lim Teong Qwee JC
09 November 1998
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Judgment :
Judgment :
2 GROUNDS OF JUDGMENT
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A: Yes.Q: What documents?A: AB-94, 98, 231, 265, 316, 300, 295, 319, 340.Q: Tender documents filled up when you signed?A: Yes.Q: You read through entire document before signing?A: Yes."
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Q: Chong (1). Pages 96/97. You showed to any third party?A: No.Q: You used contract at AB-18/19 with any third party?A: No."
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A: Did not intend to let JTC know.Q: Intended to sub-contract whole of contract to Superast?A: Yes.Q: Why not intended to let JTC know you intended to sub-contract?A: No.A: Agree."
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16 Eight of these suppliers and sub-contractors were identified.
17 12. Mr Phua continued:
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"Q: You told plaintiff whom roofing works done for?A: No.Q: Plaintiff asked you your designation in respect of roofing works?A: No, but I told him I was representative for running whole project.Q: You told plaintiff who would make payments for roofing works?Q: You gave plaintiff drawings?A: Showed him (Lim Boon Kiak) for discussion.Q: Lim Boon Kiak quoted?A: Yes. Gave verbal quotation.Q: What was quotation?A: Can’t remember rate given.Q: Any price agreed prior to commencement?Q: What was lump sum price?Q: Price included supply of tiles?A: No.Q: AB-446/447. $310,000?(Note: AB-446/447 is a copy of the works order.)
22 The scope of works under the works order was:
23 and the price was:
"Total lump sum cost for items 1 to 3 is S$310,000.00.(Singapore Dollars: Three Hundred and Ten Thousand Only)."
24 Continuing under cross-examination Mr Phua said:
A: Yes.Q: When?A: Can’t remember.Q: Approximately?A: Remember after few payments. Then they kept asking for works order.Q: When few payments made?A: Think from June to September 1995."
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A: I would want quotations first before I tender.Q: AB-706/707. Seen before?A: Yes.Q: Sub-contract for certain construction works?A: Yes.Q: Scope of works under this sub-contract. Includes roofing works?A: Yes.Q: Any quotations for roofing works?A: Not aware.Q: You asked third party why no quotations for roofing works?A: I did not.Q: During execution of sub-contract works you visited site regularly?A: Yes.Q: Noticed roofing works being executed?A: Yes.Q: You asked third party for quotations for roofing works?A: No.Q: You asked if any works orders for roofing works?A: No.Q: You asked third party who was doing roofing works?A: Yes.Q: Third party told you plaintiff was undertaking roofing works?A: Yes.Q: You asked him how much plaintiff was doing works for?A: No.Q: Not concerned price of roofing works?Q: You found out tender price for roofing works?A: No."
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34 23. Mr Chong said in his first affidavit:
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36 24. Under cross-examination Mr Chong said:
"Q: AB-345. Seen before?A: Yes.Q: Concerned third party using name of defendant to call for quotes?A: Did not pay much attention to this at that time.Q: AB-354. Seen before?A: Yes.Q: Concerned?A: Didn’t pay much attention to it.Q: AB-365. Seen before?A: Yes.Q: Again addressed to defendant. Not concerned?Q: AB-381. Aware?A: Yes.Q: AB-397. Addressed to defendant. Aware?A: Yes.Q: Concerned?A: Didn’t pay much attention to it. Handed to third party.Q: Stamp. Defendant’s?A: Yes.Q: AB-423. Seen about 12/5/95?A: If sent to my office I might have seen it.Q: AB-487. Fax 5630626. Defendant’s fax number?A: Yes.Q: Seen?A: Yes. Think so.Q: Not concerned?A: I handed over to third party.Q: AB-572. Recall seeing?A: Yes.Q: Not concerned?A: Did not pay much attention and I handed to third party."
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38 25. In his first affidavit Mr Chong said:
39 Under cross-examination Mr Chong said:
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43 (Final account under main contract)
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47 Dated this 9th day of November 1998.
48 LIM TEONG QWEE
49 JUDICIAL COMMISSIONER
50 SUPREME COURT
Lim Teong Qwee JC |
Lisa Sam (Donaldson & Burkinshaw) for the plaintiff
Sarbrinder Singh and Sunil Singh (Yong Koh & Partners) for the defendant
Tai Chean Ming (Chong Chia & Lim) for the third party
Sarbrinder Singh and Sunil Singh (Yong Koh & Partners) for the defendant
Tai Chean Ming (Chong Chia & Lim) for the third party
This judgment text has undergone conversion so that it is mobile and web-friendly. This may have created formatting or alignment issues. Please refer to the PDF copy for a print-friendly version.
Version No 1: 11 Sep 2026 (01:05 hrs)