Lim Guan Cheng v JSD Construction: Negligence Causing Property Damage and Rectification Costs

In Lim Guan Cheng v JSD Construction Pte Ltd, the High Court of Singapore addressed an appeal concerning damages assessed for negligence. JSD Construction's work on an adjacent property caused significant damage to Lim Guan Cheng's conserved 'peranakan' house, leading to a Closure Order and the plaintiff's displacement. The court dismissed the appeal, upholding the Assistant Registrar's award of $360,000 for rectification works, $66,586.67 for pre-trial rental, and $21,413.33 for post-trial rental, plus interest and costs, finding the defendants failed to demonstrate any error in the original assessment.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed with costs.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case regarding negligence by JSD Construction causing damage to Lim Guan Cheng's property, focusing on rectification costs and rental damages.

1.7 Decision Date

25 November 2003

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Lim Guan Cheng	Plaintiff, Respondent	Individual	Judgment for Plaintiff	Won
JSD Construction Pte Ltd	Defendant, Appellant	Corporation	Appeal Dismissed	Lost	Thomas Lei
Food Drinks and Allied Workers Union	Defendant, Appellant	Trade Union	Appeal Dismissed	Lost	Thomas Lei

3. Judges

Judge Name	Title	Delivered Judgment
Lai Kew Chai	Judge	Yes

4. Counsels

Counsel Name	Organization
Thomas Lei	Lawrence Chua and Partners
Ronald Choo	Rajah and Tann
Sim Chee Siong	Rajah and Tann

4. Facts

The plaintiff owned a two-storey residential 'peranakan' house at 281 River Valley Road, Singapore.
The defendants owned the adjoining building known as 279 River Valley Road, Singapore.
The first defendants were contractors engaged by the second defendants to pull down and rebuild the Union House.
The excavation work caused cracks to the walls of the plaintiff's property and affected its soil and foundation.
The Building Control Authority issued a Closure Order on 7 August 2000, deeming the property unsafe for habitation.
Liability for the damages was admitted by both defendants.
The Assistant Registrar awarded the plaintiff $360,000.00 for rectification works, $66,586.67 for pre-trial rental, and $21,413.33 for post-trial rental.

5. Formal Citations

Lim Guan Cheng v JSD Construction Pte Ltd and Another, Suit 1615/2001, RA 187/2003, [2003] SGHC 293

6. Timeline

Date	Event
1910-01-01	Property was constructed.
2000-03-01	Excavation work carried out in the Union House by the first defendants.
2000-08-07	Building Control Authority issued a Closure Order under section 24 of the Building Control Act.
2000-08-08	Plaintiff vacated the property.
2000-12-10	Plaintiff and her family moved out and stayed with the eldest daughter on a temporary basis.
2002-06-03	Order of Court defining the scope of the assessment for damages.
2002-10-22	Three tenderers submitted their tenders.
2002-10-24	Bun Sze Kar qualified their tender by additional terms.
2003-02-10	Hearing where defendants' counsel waived objections in their Notice of Objection.
2003-06-18	Assistant Registrar awarded damages to the plaintiff.
2003-11-26	High Court dismissed the appeal with costs.

7. Legal Issues

Admissibility of Evidence
- Outcome: The court held that the quotations relied on by the building surveyor were not hearsay evidence and were admissible to demonstrate the reasonableness of the estimated costs for the rectification.
- Category: Procedural
- Sub-Issues:
  - Hearsay
  - Opinion and Belief
- Related Cases:
  - [1995] 1 SLR 739
  - [1976] RPC 589
  - [1994] 3 SLR 169
  - [1974] 2 MLJ 183
  - [1996] 3 All ER 184
Negligence
- Outcome: The court upheld the finding of negligence against the defendants for causing damage to the plaintiff's property.
- Category: Substantive
Assessment of Damages
- Outcome: The court upheld the Assistant Registrar's assessment of damages, including costs for rectification works and rental of alternative premises.
- Category: Substantive

8. Remedies Sought

Monetary Damages
Costs of Rectification Works
Costs of Rental of Alternative Premises

9. Cause of Actions

Negligence

10. Practice Areas

Construction Litigation
Commercial Litigation

11. Industries

Construction

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Sega Foodstuffs Manufacturing (Pte) Ltd v Best Food Pte Ltd	High Court	Yes	[1995] 1 SLR 739	Singapore	Cited regarding the admissibility of market survey reports as evidence and the application of section 5 of the Evidence Act.
Customglass Boats Ltd v Salthouse Brothers Ltd	N/A	Yes	[1976] RPC 589	N/A	Cited for the principle that evidence obtained by research survey is legitimate proof of the fact that opinions obtained had in fact existed.
Sim & Associates (sued as a firm) v Tan Alfred	N/A	Yes	[1994] 3 SLR 169	Singapore	Cited to distinguish it from the present case regarding the admissibility of reports to prove the existence of defects or damage.
Vaynar Suppiah & Sons v KMA Abdul Rahim & Anor	N/A	Yes	[1974] 2 MLJ 183	N/A	Cited to distinguish it from the present case regarding the admissibility of reports to prove the existence of defects or damage.
Abbey National Mortgagees plc v Key Surveyors Nationwide Ltd & Ors	N/A	Yes	[1996] 3 All ER 184	N/A	Cited for the principle that an expert is entitled to rely on information that reasonably appears to be reliable.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
Building Control Act, Cap 29, section 24	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Rectification Works
Closure Order
Hearsay Evidence
Building Surveyor
Quantity Surveyor
Expert Evidence
Tender
Gable Wall
Underpinning
Micropiling

15.2 Keywords

negligence
construction
property damage
rectification costs
hearsay
expert evidence
building surveyor
Singapore

16. Subjects

Construction Dispute
Negligence
Evidence Law
Civil Procedure

17. Areas of Law

Negligence
Building and Construction Law
Evidence
Civil Procedure