DWAYS INTERNATIONAL PTE LTD V RATNA IRENE LIM SEOW HUI & 3 ORS

[2024] SGHC 124 High Court (General Division) 10 May 2024 • HC/S 447/2020 ( HC/RA 248/2023,HC/RA 259/2023 ) • 35 min read
16 cases cited (15 SG, 1 foreign)

Catchwords

Practice Areas

Judges (1)

Counsel (5)

Parties (5)

Case Significance

Dways International Pte Ltd v Lim Seow Hui Ratna Irene and others [2024] SGHC 124 was decided by Audrey Lim J in the General Division of the High Court on 10 May 2024, following a hearing on 9 and 19 April 2024 in Suit No 447 of 2020 (Registrar's Appeals Nos 248 and 259 of 2023). The plaintiff, Dways International Pte Ltd (formerly known as D'way International Pte Ltd and as Longevite Pte Ltd), sells nutritional products marketed as "HL Span", "Purity" and "B'Glo" through a direct-selling method with a multi-tier compensation scheme. It sued the first and second defendants, Lim Seow Hui Ratna Irene and Lim Kim Hwa, for misappropriating the products, and sued Lim Seow Hui Ratna Irene for defamation.

Summary

The plaintiff, Dways International Pte Ltd, a seller of nutritional products through direct selling, had earlier succeeded against the first and second defendants for misappropriating its products and against the first defendant for defamation, and both sides appealed against the assistant registrar's assessment of damages. A key issue was whether damages for the misappropriated products should be measured by their replacement cost or by the price at which the plaintiff sold the products to customers. The General Division of the High Court reduced the award for the misappropriation claim from $86,154 to US$4,555.28 and reduced the award for the defamation claim from $20,000 to $15,000, each with interest, and indicated it would hear the parties on costs.

What was Dways International Pte Ltd v Lim Seow Hui Ratna Irene [2024] SGHC 124 about?

It concerned cross-appeals against an assistant registrar's assessment of damages in Suit No 447 of 2020, covering Dways International Pte Ltd's misappropriation claim against Irene and Justin Lim and its defamation claim against Irene. Audrey Lim J heard the matter in the General Division of the High Court.

What damages issue did the court address in [2024] SGHC 124?

A central issue was whether damages compensating Dways International Pte Ltd for the misappropriated nutritional products should be measured by reference to their replacement cost or to the price at which Dways sells the products to its customers, in a tort of conversion involving a distributor of converted goods.

Statutes Cited

Cases Cited (16)

SG (2)
[2021] SGHC 190 [2022] SGHC 158
SLR (13)
[1992] 1 SLR(R) 791 [1998] 2 SLR(R) 1010 [2001] 1 SLR(R) 86 [2009] 1 SLR(R) 642 [2009] 4 SLR(R) 1101 [2010] 3 SLR 110 [2010] 4 SLR 357 [2013] 4 SLR 629 [2014] 3 SLR 562 [2015] 2 SLR 751 [2015] 4 SLR 1159 [2015] 5 SLR 541 [2016] 3 SLR 1308
UK (1)
[1937] 3 All ER 620

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 124)