Government of the City of Buenos Aires v HN Singapore Pte Ltd & Anor

[2023] SGHC 139 High Court (General Division) 12 May 2023 HC/S 160/2021 83 min read
49 cases cited (45 SG, 4 foreign) Cited by 2 cases

Key facts

Court High Court (General Division)
Decided
Judge Lee Seiu Kin
Charges / claim Contract, Tort, Conflict of Laws, Companies
Counsel Loo & Partners LLP, Selvam LLC, Chia Foon Yeow, Faustina Joyce Fernando, Goh Shu Quan Leon, Lim Jun Wei, Loo Choon Chiaw, Luis Inaki Duhart Gonzalez, Sean Francois La’Brooy

Source: [2023] SGHC 139, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (9)

Parties (3)

Case Significance

Government of the City of Buenos Aires v HN Singapore Pte Ltd and another [2023] SGHC 139 is a judgment of Lee Seiu Kin J in the General Division of the High Court, delivered on 12 May 2023 in Suit No 160 of 2021. The plaintiff, the Government of the City of Buenos Aires, Argentina, sued HN Singapore Pte Ltd and Nicholas Eng Teng Cheng over a transaction for the supply of Covid-19 rapid virus detection test kits, the non-delivery of which gave rise to the dispute. The judgment addresses issues of contractual breach, waiver, frustration and termination, misrepresentation in tort, choice of law, and the lifting of the corporate veil.

[2023] SGHC 139 explained

Government of the City of Buenos Aires v HN Singapore Pte Ltd & Anor ([2023] SGHC 139) is a Singapore judgment decided by the High Court (General Division) on 12 May 2023. It is categorised under Contract, Tort, Conflict of Laws, and Companies. Within this corpus it has since been cited by 2 other reported Singapore judgments, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2023] SGHC 139 about?

Government of the City of Buenos Aires v HN Singapore Pte Ltd & Anor ([2023] SGHC 139) is a High Court (General Division) decision from 2023. Its published catchwords are “Contract — Breach”, “Contract — Waiver”, “Contract — Frustration”, and “Contract — Termination”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGHC 139 consider?

The judgment refers to Evidence Act (Cap 97), Frustrated Contracts Act (Cap 115), and Misrepresentation Act. The statutes cited are listed in full on this page, each linking to its primary text.

What earlier Singapore cases does [2023] SGHC 139 cite?

Among the in-corpus authorities it refers to are [2023] SGHC 76, [2023] SGHC 37, and [2023] SGHC 34. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.

How influential is [2023] SGHC 139?

Within this corpus, [2023] SGHC 139 has been cited by 2 later reported Singapore judgments. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

Summary

The Government of the City of Buenos Aires sued HN Singapore Pte Ltd and its sole director, Mr Eng, over a Covid-19 rapid test kit supply contract that went undelivered. The court found the company breached the contract, dismissed the misrepresentation claim and the company's counterclaim for unlawful termination, and awarded the balance purchase price of US$237,619.35. It lifted the corporate veil so that Mr Eng was also personally liable for that sum plus interest.

What was Government of the City of Buenos Aires v HN Singapore Pte Ltd [2023] SGHC 139 about?

Lee Seiu Kin J heard a dispute over the non-delivery of Covid-19 test kits that the Government of the City of Buenos Aires sought to acquire from HN Singapore Pte Ltd and Nicholas Eng Teng Cheng. The judgment was delivered on 12 May 2023 in Suit No 160 of 2021.

What legal issues did Government of the City of Buenos Aires v HN Singapore Pte Ltd [2023] SGHC 139 raise?

The case raised questions of contractual breach, waiver, frustration and termination, misrepresentation in tort, choice of law in contract, and whether the corporate veil of HN Singapore Pte Ltd could be lifted, arising from a surge in demand for Covid-19 test kits.

Statutes Cited

Cases Cited (49)

SG (8)
[2012] SGHC 125 [2021] SGHC 246 [2021] SGHC 288 [2021] SGHC 84 [2022] SGHC 213 [2023] SGHC 34 [2023] SGHC 37 [2023] SGHC 76
SLR (37)
[1998] 3 SLR(R) 447 [1999] 2 SLR(R) 183 [1999] 2 SLR(R) 24 [2001] 2 SLR(R) 1 [2001] 2 SLR(R) 435 [2007] 4 SLR(R) 413 [2008] 1 SLR(R) 126 [2008] 2 SLR(R) 491 [2008] 3 SLR(R) 981 [2009] 1 SLR(R) 524 [2009] 2 SLR(R) 44 [2009] 3 SLR(R) 883 [2011] 2 SLR 565 [2012] 1 SLR 152 [2013] 3 SLR 801 [2013] 4 SLR 150 [2013] 4 SLR 308 [2013] 4 SLR 409 [2014] 1 SLR 860 [2014] 3 SLR 857 [2015] 1 SLR 997 [2015] 2 SLR 1020 [2015] 5 SLR 1422 [2016] 1 SLR 1129 [2017] 1 SLR 141 [2017] 3 SLR 901 [2018] 1 SLR 317 [2018] 1 SLR 894 [2018] 5 SLR 689 [2019] 1 SLR 214 [2020] 2 SLR 167 [2020] 3 SLR 335 [2021] 1 SLR 342 [2021] 5 SLR 188 [2022] 1 SLR 302 [2022] 4 SLR 643 [2022] 5 SLR 837
UK (4)
[1897] AC 22 [1962] 2 QB 26 [2013] 2 AC 415 [2021] EWHC 1272

Cited By (2)

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC 139)