Erect Scaffolding Pte Ltd v Hor Kew Pte Ltd: Damages for Conversion and Lost Scaffolding

In a dispute between Erect Scaffolding Pte Ltd and Hor Kew Pte Ltd, the High Court of Singapore heard an appeal regarding the assessment of damages for conversion and lost scaffolding. Erect Scaffolding claimed damages for Hor Kew's use of their scaffolding and for scaffolding items that were not returned. The court, presided over by Lee Seiu Kin J, allowed the appeal in part, awarding Erect Scaffolding $331,500 for conversion and $148,111 for the lost items.

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

The High Court assessed damages for conversion and lost scaffolding in a dispute between Erect Scaffolding and Hor Kew, awarding $331,500 and $148,111 respectively.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Erect Scaffolding Pte LtdPlaintiff, AppellantCorporationAppeal allowed in partPartial
Hor Kew Pte LtdDefendant, RespondentCorporationAppeal dismissed in partLost

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
Lee Mun HooiLee Mun Hooi & Co
Eugene TanDrew & Napier LLC
Tan Wei YiDrew & Napier LLC

4. Facts

  1. Wan Soon Construction was awarded a contract by HDB for construction of flats.
  2. Wan Soon subcontracted the scaffolding work to Erect Scaffolding for $980,000.
  3. HDB terminated the contract with Wan Soon, who in turn terminated the subcontract with Erect Scaffolding.
  4. Hor Kew was awarded the balance of the Works by HDB.
  5. Hor Kew used Erect Scaffolding's scaffolding without a formal agreement.
  6. Lian Beng, another contractor, dismantled Erect Scaffolding's scaffolding, but some items were not returned.
  7. Erect Scaffolding sued Hor Kew for conversion and the return of scaffolding.

5. Formal Citations

  1. Erect Scaffolding Pte Ltd v Hor Kew Pte Ltd, Suit 264/2005, RA 27/2007, RA 42/2007, [2007] SGHC 160

6. Timeline

DateEvent
HDB awarded contract to Wan Soon Construction Pte Ltd
HDB terminated contract with Wan Soon
HDB awarded balance of Works to the defendant
Plaintiff took out writ of summons
Assistant Registrar granted unconditional leave to defend
High Court allowed appeal and granted plaintiff interlocutory judgment
Conversion terminated for certain blocks
Assessment hearing held
Assessment hearing held
Assessment hearing held
Assessment hearing held
Assessment hearing held
Assessment hearing held
Assistant Registrar made orders
Assessment hearing held
Counsel submissions
Counsel submissions
Appeal allowed
Parties filed appeals against decision of 7 May 2007
Decision Date

7. Legal Issues

  1. Measure of Damages for Conversion
    • Outcome: The court held that the measure of damages is a reasonable sum for hire during the period of detention.
    • Category: Substantive
    • Related Cases:
      • [1952] 2 QB 246
      • [1993] 2 SLR 505
  2. Quantum of Damages for Lost Items
    • Outcome: The court assessed damages based on the lower range of rates provided by the plaintiff's expert.
    • Category: Substantive

8. Remedies Sought

  1. Return of metal scaffolding
  2. Damages for conversion

9. Cause of Actions

  • Conversion

10. Practice Areas

  • Commercial Litigation
  • Construction Disputes

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Strand Electrical Engineering Co Ltd v Brisford Entertainments LtdQueen's BenchYes[1952] 2 QB 246England and WalesCited as authority for the measure of damages being a reasonable sum for hire during the period of detention in conversion cases.
Siew Kong Engineering Works v Lian Yit Engineering Sdn BhdCourt of AppealYes[1993] 2 SLR 505SingaporeCited as a case where Strand's case was followed by the Court of Appeal in Singapore.

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

  • Scaffolding
  • Conversion
  • Damages
  • Reasonable sum for hire
  • Period of detention
  • Market rates
  • Lost items

15.2 Keywords

  • scaffolding
  • conversion
  • damages
  • construction
  • singapore
  • high court

17. Areas of Law

Area NameRelevance Score
Damages90
Conversion85
Measure of Damages80
Torts70
Detention60
Breach of Contract60
Property Damage50
Reasonable Sum50
Hire40
Construction Law40
Estoppel30

16. Subjects

  • Tort Law
  • Construction Law
  • Damages Assessment