Samwoh Resources v Lee Ah Poh: Fraudulent Misrepresentation & Damages Assessment
In Samwoh Resources Pte Ltd v Lee Ah Poh, the Singapore High Court assessed damages owed by Lee Ah Poh to Samwoh Resources Pte Ltd following a finding of fraudulent misrepresentation. Samwoh Resources claimed damages resulting from Lee Ah Poh's misrepresentation regarding the condition of equipment. The court determined the appropriate measure of damages and calculated the amount owed, considering factors such as the value of missing equipment, the value of recovered equipment, and the cost of renting replacement equipment. The court awarded damages of $190,284 to Samwoh Resources.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Damages assessed in favour of Samwoh Resources Pte Ltd.
1.3 Case Type
Civil
1.4 Judgment Type
Assessment of Damages
1.5 Jurisdiction
Singapore
1.6 Description
High Court case where Samwoh Resources sued Lee Ah Poh for fraudulent misrepresentation. The court assessed damages after finding liability.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Samwoh Resources Pte Ltd | Plaintiff | Corporation | Damages assessed | Won | Ronald Choo |
| Lee Ah Poh | Defendant | Individual | Damages assessed against | Lost | S. Thulasidas |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Amy Tung Chew Ming | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ronald Choo | Rajah and Tann |
| S. Thulasidas | Ling Das and Partners |
4. Facts
- Samwoh entered into a pre-bid agreement with Ng Huat Foundations Pte Ltd (NHF) for a quarry project.
- Lee Ah Poh, a director and majority shareholder of NHF, allegedly misrepresented the condition of equipment.
- Samwoh purchased equipment from Tokyo Leasing (Singapore) Pte Ltd (TL) for $330,000 based on Lee Ah Poh's representations.
- Some of the purchased equipment was missing, leading Samwoh to commence an action against Lee Ah Poh.
- The trial judge found fraudulent misrepresentation on Lee Ah Poh's part, ordering damages to be assessed.
- Some missing equipment was later found at a construction site.
5. Formal Citations
- Samwoh Resources Pte Ltd v Lee Ah Poh, Suit 829/2002, NA 53/2003, [2004] SGHC 83
6. Timeline
| Date | Event |
|---|---|
| Samwoh purchased equipment from Tokyo Leasing (Singapore) Pte Ltd. | |
| Invoice issued for equipment sold to Gali Batu. | |
| Samwoh commenced action against Rosalind. | |
| Assessment of damages hearing. |
7. Legal Issues
- Measure of Damages for Fraudulent Misrepresentation
- Outcome: The court applied the principle of putting the plaintiff in the position they would have been in had the misrepresentation not occurred.
- Category: Substantive
- Assessment of Damages
- Outcome: The court determined the quantum of damages based on the purchase price, value of missing equipment, and cost of replacement rentals.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Fraudulent Misrepresentation
- Tort of Deceit
10. Practice Areas
- Commercial Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Fraudulent Misrepresentation
- Damages Assessment
- Equipment Valuation
- Loss of Use
- Quarry Project
15.2 Keywords
- fraudulent misrepresentation
- damages
- equipment
- assessment
- Samwoh Resources
- Lee Ah Poh
16. Subjects
- Contract Law
- Tort Law
- Civil Litigation
- Damages
17. Areas of Law
- Tort Law
- Fraudulent Misrepresentation
- Civil Procedure
- Damages Assessment