Hu Su Chu v Wee Ek Chian: Nuisance Claim & Damages Assessment for Water Leakage
In Hu Su Chu v Wee Ek Chian and Lee Hui Kheng, the High Court of Singapore heard an appeal by Hu Su Chu against the trial judge's award of $9,000 for loss of rental due to nuisance caused by water leakage from the defendants' property. The plaintiff claimed additional damages for various losses, including reduced rental income, miscellaneous expenses, anxiety, and a drop in property value. Woo Bih Li J dismissed the appeal, finding no error in the trial judge's assessment.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding damages awarded for nuisance due to water leakage. The court dismissed the appeal, finding no error in the trial judge's assessment of damages.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Hu Su Chu | Appellant, Plaintiff | Individual | Appeal Dismissed | Lost | |
| Wee Ek Chian | Respondent, Defendant | Individual | Judgment for Defendant | Won | |
| Lee Hui Kheng | Respondent, Defendant | Individual | Judgment for Defendant | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | J | Yes |
4. Counsels
4. Facts
- The plaintiff owned a property at 32 Jalan Rajah, #18-01, Rajah Tower, Singapore.
- The defendants owned and occupied the property directly above the plaintiff’s property, at #19-01.
- Water leaked from the defendants’ property to the plaintiff’s property from January 2001 to early 2002.
- The trial judge found the defendants liable for nuisance but not negligence.
- The trial judge awarded the plaintiff $9,000 for loss of rental between 16 November 2001 to 31 March 2002.
- The plaintiff appealed against the trial judge’s award of $9,000 only.
5. Formal Citations
- Hu Su Chu v Wee Ek Chian and Another, DA 28/2005, [2006] SGHC 69
6. Timeline
| Date | Event |
|---|---|
| Water leakage from the defendants’ property to the plaintiff’s property began | |
| Water leakage from the defendants’ property to the plaintiff’s property ceased | |
| Case Number DA 28/2005 | |
| Judgment issued |
7. Legal Issues
- Assessment of Damages
- Outcome: The court found no error in the trial judge's assessment of damages and dismissed the appeal.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Nuisance
- Negligence
10. Practice Areas
- Litigation
11. Industries
- Real Estate
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
- Water Leakage
- Nuisance
- Damages
- Loss of Rental
- Assessment of Damages
15.2 Keywords
- Nuisance
- Water Leakage
- Damages
- Singapore
- Property
- Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Nuisance | 90 |
| Measure of Damages | 80 |
| Torts | 75 |
| Negligence | 65 |
| Property Damage | 60 |
| Loss of Rental | 50 |
| Property Law | 40 |
| Breach of Contract | 20 |
| Administrative Law | 10 |
16. Subjects
- Property Law
- Tort Law