Wishing Star Ltd v Jurong Town Corp: Assessment of Damages for Misrepresentation in Façade Work Contract

In Wishing Star Ltd v Jurong Town Corp, the High Court of Singapore addressed the assessment of damages following a prior determination of liability against Wishing Star Ltd for misrepresentation in a façade work contract. Jurong Town Corp terminated the contract and engaged a new contractor. The court allowed most of Jurong Town Corp's claims for damages, except for administration fees and site costs, and dismissed Wishing Star Ltd's counterclaims for work done, services rendered, and breach of copyright.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for the defendant, with partial claims allowed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Assessment of damages for misrepresentation in a façade work contract. The court allows most of the defendant's claims, except for administration fees and site costs.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Jurong Town CorpDefendantStatutory BoardPartial JudgmentPartial
Wishing Star LtdPlaintiffCorporationCounterclaims DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Ho Chien MienAllen & Gledhill
Jagateesan SathiaseelanAllen & Gledhill
Tan Liam BengDrew & Napier LLC
Eugene Tan Kon YengDrew & Napier LLC

4. Facts

  1. Wishing Star Ltd was awarded a contract for façade work on the Biopolis Project.
  2. Jurong Town Corp terminated the contract due to misrepresentations by Wishing Star Ltd.
  3. Jurong Town Corp engaged Bovis Lend Lease to complete the façade work.
  4. Wishing Star Ltd challenged Jurong Town Corp's counterclaim for damages.
  5. Wishing Star Ltd made counterclaims for work done, services rendered, and breach of copyright.

5. Formal Citations

  1. Wishing Star Ltd v Jurong Town Corp, Suit 31/2003, [2007] SGHC 128

6. Timeline

DateEvent
Contract awarded to Wishing Star Ltd
Inspection visit to Wishing Star Ltd’s facilities in China
Contract terminated by Jurong Town Corp
Plaintiff’s reply and defence to counter-claim filed
Application to amend statement of claim to include allegation of failure to mitigate
Assessment of damages scheduled to be heard
Judgment reserved

7. Legal Issues

  1. Mitigation of Loss
    • Outcome: The court found that the defendant adequately mitigated its loss.
    • Category: Substantive
  2. Assessment of Damages for Misrepresentation
    • Outcome: The court allowed most of the defendant's claims for damages, except for certain expenses.
    • Category: Substantive
  3. Quantum Meruit
    • Outcome: The court dismissed the plaintiff's claim for quantum meruit, stating that it should be specifically proved at trial and not during the assessment of damages.
    • Category: Substantive
  4. Breach of Copyright
    • Outcome: The court dismissed the plaintiff's claim for breach of copyright, stating that it should be specifically proved at trial and not during the assessment of damages.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Misrepresentation
  • Breach of Contract

10. Practice Areas

  • Commercial Litigation
  • Construction Disputes

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Wishing Star Ltd v Jurong Town CorporationHigh CourtYes[2005] 1 SLR 339SingaporeDetermined the issue of liability in the case.
Wishing Star Ltd v Jurong Town CorporationCourt of AppealYes[2005] 3 SLR 283SingaporeDecision led to the assessment of damages in respect of the defendant's counterclaim.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Façade Work
  • Misrepresentation
  • Mitigation of Loss
  • Assessment of Damages
  • Quantum Meruit
  • Counterclaim

15.2 Keywords

  • contract
  • construction
  • damages
  • misrepresentation
  • Singapore

17. Areas of Law

Area NameRelevance Score
Damages Assessment80
Misrepresentation75
Mitigation of Loss65
Contract Law60
Construction50
Quantum meruit45
Building and Construction Contracts40
Construction Law40
Construction Litigation40
Copyrights30
Construction Defects30
Construction Contracts30
Construction Adjudication30

16. Subjects

  • Contract Law
  • Construction Law
  • Damages