Wee Poh Hueh Florence v Performance Motors Ltd: Breach of Warranty of Quality and Damages Assessment

In Wee Poh Hueh Florence v Performance Motors Ltd, the High Court of Singapore addressed the issue of damages payable for a breach of warranty of quality concerning a defective BMW car purchased by Ms. Wee from Performance Motors Limited (PML). Ms. Wee sued PML for a refund or damages after the car experienced recurring engine problems. The court found PML liable for breach of warranty but denied the refund, awarding damages instead. The court determined the correct method for assessing general and consequential damages, including loss of use. Ultimately, the court allowed the appeal in part, adjusting the damages and costs awarded to Ms. Wee.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal allowed in part.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Breach of warranty of quality case. The court assessed damages for a defective BMW, focusing on the date of assessment and consequential losses.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Performance Motors LtdDefendant, RespondentCorporationAppeal allowed in partPartial
Wee Poh Hueh FlorencePlaintiff, AppellantIndividualAppeal allowed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Indranee RajahDrew and Napier LLC
Daryl MokDrew and Napier LLC
Kenneth TanPhua Wai Partnership
Leslie PhuaPhua Wai Partnership

4. Facts

  1. Plaintiff purchased a BMW 728iA from the defendant in November 1997.
  2. In May 1999, the car's engine experienced an abnormally high rate of coolant loss.
  3. The car was frequently in the workshop for repairs throughout 2001 and early 2002.
  4. The defendant determined the car could not be satisfactorily repaired and returned it to the plaintiff in February 2002.
  5. The plaintiff commenced proceedings in May 2002 for breach of warranty of quality.
  6. The assistant registrar awarded damages, including loss of use, based on a cut-off date of April 2002.
  7. The plaintiff kept the car until the trial started in November 2002.

5. Formal Citations

  1. Wee Poh Hueh Florence v Performance Motors Ltd, Suit 541/2002, RA 234/2003, 278/2003, [2004] SGHC 47

6. Timeline

DateEvent
Plaintiff purchased a BMW 728iA from the defendant.
Car's engine experienced an abnormally high rate of loss of coolant.
Car was in the workshop for much of the year.
Defendant returned the car to the plaintiff.
Plaintiff commenced proceedings against defendant for breach of warranty of quality.
Assessment of damages took place before the assistant registrar.
Judgment reserved.

7. Legal Issues

  1. Breach of Warranty of Quality
    • Outcome: The court found the defendant in breach of the contractual warranty of satisfactory quality.
    • Category: Substantive
    • Related Cases:
      • (1854) 9 Exch 341
      • [1998] QB 87
  2. Assessment of Damages
    • Outcome: The court determined the correct date for assessing damages and the method for calculating consequential losses.
    • Category: Substantive
    • Related Cases:
      • [1998] QB 87
  3. Mitigation of Damages
    • Outcome: The court determined the cut-off date for consequential damages based on when the plaintiff should have mitigated her loss.
    • Category: Substantive
  4. Costs
    • Outcome: The court addressed whether costs should be taxed on the High Court scale or the Subordinate Courts scale.
    • Category: Procedural

8. Remedies Sought

  1. Declaration of entitlement to reject the motor car and full refund of the purchase price
  2. Damages

9. Cause of Actions

  • Breach of Warranty of Quality

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Automotive

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Hadley v BaxendaleCourt of ExchequerYes(1854) 9 Exch 341England and WalesCited for the principle of recovering damages arising naturally from a breach of contract.
Bence Graphics International Ltd v Fasson UK LtdUK Court of AppealYes[1998] QB 87England and WalesCited to determine whether the s 53(3) measure had to be used to determine what was recoverable by Ms Wee.
Watson Norie, Ltd v Shaw and NelsonCourt of AppealYes[1967] 1 Lloyd’s Rep 515England and WalesCited for the proposition that a replacement vehicle does not have to be the exact equivalent of the vehicle under repair.
West Mount Properties Ltd v SandhuBritish Columbia Supreme CourtYes(1985) 30 ACWS (2d) 503CanadaCited for the proposition that a replacement vehicle does not have to be the exact equivalent of the vehicle under repair.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Section 53 Sale of Goods Act (Cap 393, 1999 Rev Ed)Singapore
Section 39(4) Subordinate Courts Act (Cap 321, 1999 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Breach of warranty
  • Damages assessment
  • Consequential loss
  • Mitigation of damages
  • Loss of use
  • Subordinate Courts scale
  • Diminution in value
  • Date of delivery
  • Date of discovery
  • Satisfactory quality

15.2 Keywords

  • breach of warranty
  • damages
  • BMW
  • car
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Warranty Law90
Contract Law90
Damages80
Sale of Goods70
Commercial Law60
Civil Procedure50

16. Subjects

  • Contract Law
  • Sale of Goods
  • Damages