DIALECTIC PR LLC v BRILLIANTE RESOURCES INTERNATIONAL PTE LIMITED & Anor

[2023] SGHC 39 High Court (General Division) 17 February 2023 HC/S 126/2021 49 min read
34 cases cited (28 SG, 6 foreign)

Key facts

Court High Court (General Division)
Decided
Judge Andrew Ang
Charges / claim Contract, Tort, Companies
Counsel Netto & Magin LLC, PDLegal LLC, Quahe Woo & Palmer LLC, Kieran Martin Singh Dhaliwal, Lee Weiming Andrew, Luke Anton Netto, Nadine Victoria Neo Su Hui, Reuben Tan Wei Jer

Source: [2023] SGHC 39, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (8)

Parties (4)

Case Significance

Dialectic PR LLC and another v Brilliante Resources International and another [2023] SGHC 39 is a General Division of the High Court decision in Suit No 126 of 2021, delivered on 17 February 2023 by Andrew Ang SJ after a trial from 7 to 10 June 2022. The dispute arose from a COVID-19-era transaction for the supply of KN95 face masks between the plaintiffs — Dialectic PR LLC, incorporated in Puerto Rico and managing the Dialectic Distribution Group's operations, and Dialectic Distribution LLC — and the defendants, Brilliante Resources International Pte Limited and Woon Joon Foong, Jerrel. After the masks were detained by US customs for failing to meet the 'KN95 standard', the plaintiffs destroyed them to avoid further storage fees. The claims engaged breach of contract, inducement of breach of contract and the lifting of the corporate veil.

[2023] SGHC 39 explained

DIALECTIC PR LLC v BRILLIANTE RESOURCES INTERNATIONAL PTE LIMITED & Anor ([2023] SGHC 39) is a Singapore judgment decided by the High Court (General Division) on 17 February 2023. It is categorised under Contract, Tort, and Companies. It is a recent decision; within this corpus no later judgment has cited it yet. 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 39 about?

DIALECTIC PR LLC v BRILLIANTE RESOURCES INTERNATIONAL PTE LIMITED & Anor ([2023] SGHC 39) is a High Court (General Division) decision from 2023. Its published catchwords are “Contract — Breach”, “Tort — Inducement of breach of contract”, and “Companies — Incorporation of companies — Lifting corporate veil”, 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 39 consider?

The judgment refers to Plaintiffs have also pleaded that the Sale of Goods Act (Cap 393), Sale of Goods Act (Cap 393), and Sale of Goods Act. The statutes cited are listed in full on this page, each linking to its primary text.

What earlier Singapore cases does [2023] SGHC 39 cite?

Among the in-corpus authorities it refers to are [2023] SGHC 12. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.

Summary

Dialectic PR LLC and Dialectic Distribution LLC sued Brilliante Resources International Pte Ltd and its sole owner Mr Woon over a contract for the supply of KN95 face masks that were detained by US customs for failing the KN95 standard and later destroyed. The claims covered breach of contract, lifting the corporate veil, and inducement of breach. The court allowed the claim against the first defendant for breach of contract, ordering payment of US$3,254,673.28 with interest, but dismissed the inducement claim against the second defendant.

What was the dispute in Dialectic PR LLC v Brilliante Resources International ([2023] SGHC 39)?

The [2023] SGHC 39 dispute arose from a COVID-19-era supply of KN95 face masks. After US customs detained the masks for failing the 'KN95 standard', the plaintiffs destroyed them and sued Brilliante Resources International Pte Limited for breach of contract.

Who were the parties in Dialectic PR LLC v Brilliante Resources International ([2023] SGHC 39)?

The plaintiffs were Dialectic PR LLC, incorporated in Puerto Rico, and Dialectic Distribution LLC. The defendants were Brilliante Resources International Pte Limited and Woon Joon Foong, Jerrel. Andrew Ang SJ heard Suit No 126 of 2021 over 7–10 June 2022.

Statutes Cited

Cases Cited (34)

SG (5)
[2006] SGHC 242 [2021] SGHC 279 [2021] SGHC 288 [2022] SGHC 131 [2023] SGHC 12
SLR (23)
[2000] 2 SLR(R) 407 [2000] 3 SLR(R) 365 [2006] 1 SLR(R) 927 [2007] 2 SLR(R) 1048 [2008] 3 SLR(R) 981 [2009] 1 SLR(R) 524 [2009] 2 SLR(R) 44 [2010] 2 SLR 1154 [2010] 2 SLR 209 [2010] 2 SLR 426 [2011] 2 SLR 565 [2012] 1 SLR 152 [2012] 4 SLR 1206 [2013] 2 SLR 543 [2013] 3 SLR 1017 [2013] 4 SLR 308 [2015] 1 SLR 163 [2018] 1 SLR 818 [2018] 2 SLR 655 [2018] 5 SLR 1208 [2018] 5 SLR 689 [2021] 1 SLR 631 [2021] 4 SLR 44
UK (6)
[1911] 1 KB 95 [1920] 2 KB 497 [1938] 4 All ER 504 [1940] 1 All ER 479 [2008] 1 AC 1 [2022] EWHC 54

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 39)