PATRICK MICHAEL KELLY v CLICKS2CUSTOMERS PTE LTD & 3 Ors

[2023] SGHC 4 High Court (General Division) 6 January 2023 HC/S 218/2018 48 min read

6 cases cited (4 SG, 2 foreign)

Key facts

Court	High Court (General Division)
Decided	6 January 2023
Judge	Aedit Abdullah
Charges / claim	Contract
Counsel	Bird & Bird ATMD LLP, PRP Law LLC, Goh Seow Hui, Lin Shuling Joycelyn, Pillai Pradeep G, Sharmaine Chan Sze Min, Tham Kai Lun, Josiah

Source: [2023] SGHC 4, High Court (General Division), decided 6 January 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Contract — Breach Contract — Formation Contract — Remedies — Damages

Practice Areas

Contract

Judges (1)

Aedit Abdullah Delivered

Counsel (7)

Bird & Bird ATMD LLP Firm PRP Law LLC Firm Goh Seow Hui Counsel Defendant Lin Shuling Joycelyn Counsel Plaintiff Pillai Pradeep G Counsel Plaintiff Sharmaine Chan Sze Min Counsel Defendant Tham Kai Lun, Josiah Counsel Plaintiff

Parties (5)

Clicks2customers Pte Ltd Defendant Incubeta Holdings (Pty) Ltd Defendant Alan Gary Lipschitz Defendant Jonathan Gluckman Defendant Patrick Michael Kelly Plaintiff

Case Significance

Kelly, Patrick Michael v Clicks2customers Pte Ltd and others [2023] SGHC 4 was decided by Aedit Abdullah J in the General Division of the High Court (Suit No 218 of 2018), with grounds of decision issued on 6 January 2023. The plaintiff, Patrick Michael Kelly, had been engaged between 2011 and 2015 to provide marketing and business development services to the first defendant, Clicks2customers Pte Ltd (a Singapore company and wholly-owned subsidiary set up to sell the services of the second defendant), and the second defendant, Incubeta Holdings (Pty) Ltd, incorporated in South Africa; the third and fourth defendants were Alan Gary Lipschitz and Jonathan Gluckman. The dispute turned on which agreements governed the parties' relationship and whether there were breaches; the judge allowed the plaintiff's claim in part against the defendants and rejected the first defendant's counterclaim, and the defendants have appealed.

[2023] SGHC 4 explained

PATRICK MICHAEL KELLY v CLICKS2CUSTOMERS PTE LTD & 3 Ors ([2023] SGHC 4) is a Singapore judgment decided by the High Court (General Division) on 6 January 2023. It is categorised under Contract. 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 4 about?

PATRICK MICHAEL KELLY v CLICKS2CUSTOMERS PTE LTD & 3 Ors ([2023] SGHC 4) is a High Court (General Division) decision from 2023. Its published catchwords are “Contract — Breach”, “Contract — Formation”, and “Contract — Remedies — Damages”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Summary

Patrick Michael Kelly sued Clicks2customers Pte Ltd, its South African parent Incubeta Holdings, and two directors over a business relationship in which he provided marketing and business development services under a profit-sharing arrangement, disputing which agreements governed the relationship and whether their terms were breached. The court allowed the plaintiff's claim in part and rejected the defendants' counterclaim, awarding damages for unpaid 2015 commission and interest totalling $679,142.

What did the court decide in Kelly v Clicks2customers Pte Ltd [2023] SGHC 4?

Aedit Abdullah J allowed Patrick Michael Kelly's claim in part against the defendants and rejected the first defendant's counterclaim. The case turned on which agreements governed the parties' relationship and whether there were breaches. The defendants have appealed the decision.

What was the relationship between the parties in [2023] SGHC 4?

Patrick Michael Kelly was engaged between 2011 and 2015 to provide marketing and business development services to Clicks2customers Pte Ltd, a Singapore subsidiary set up to sell the digital marketing services of Incubeta Holdings (Pty) Ltd, a South African company and second defendant.