Sie Choon Poh v Amara Hotel: Assessment of Damages for Water Damage to Business Premises
Sie Choon Poh (trading as Image Galaxy) sued Amara Hotel Properties Pte Ltd in the High Court of Singapore, seeking damages for losses sustained when waste water from a burst pipe damaged his shop premises. The Assistant Registrar awarded Sie Choon Poh $5,000 for loss of goodwill and $11,046.76 for loss of profits, but declined to award damages for mental distress or damage to machines and equipment. Sie Choon Poh appealed, but Justice Andrew Ang dismissed the appeal, finding that Sie Choon Poh failed to provide adequate evidence to support his claims. The court ordered no costs for the proceedings below, taking into account the defendant's offer to settle.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding damages assessment for water damage to Sie Choon Poh's shop. The court dismissed the appeal due to inadequate evidence of loss.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Sie Choon Poh (trading as Image Galaxy) | Plaintiff, Appellant | Individual | Appeal Dismissed | Lost | |
| Amara Hotel Properties Pte Ltd | Defendant, Respondent | Corporation | Appeal Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Ang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Navinder Singh | Navin & Co LLP |
| Adeline Chong | Rajah & Tann LLP |
4. Facts
- Waste water spilled into the plaintiff's shop from a burst pipe in the defendant's building.
- The plaintiff claimed damages for damage to photocopying machines and other equipment.
- The plaintiff claimed damages for loss of earnings and/or profit.
- The plaintiff sought indemnity for sums due to Hitachi Leasing Pte Ltd and Canon Singapore.
- The plaintiff claimed damages for loss of goodwill.
- The plaintiff claimed damages for distress and disappointment.
- The Assistant Registrar awarded $5,000 for loss of goodwill and $11,046.76 for loss of profits.
- The Assistant Registrar declined to award damages for mental distress or damage to machines and equipment due to lack of evidence.
5. Formal Citations
- Sie Choon Poh (trading as Image Galaxy) v Amara Hotel Properties Pte Ltd, Suit 914/2002, RA 214/2007, [2008] SGHC 24
6. Timeline
| Date | Event |
|---|---|
| Suit filed (Suit No 914/2002). | |
| Defendant made an offer to settle. | |
| Registrar's Appeal No 214 of 2007 filed. | |
| Appeal dismissed with costs. |
7. Legal Issues
- Assessment of Damages
- Outcome: The court upheld the Assistant Registrar's assessment, finding that the plaintiff failed to provide sufficient evidence to support his claims for damages.
- Category: Substantive
- Sub-Issues:
- Inadequate evidence of loss
- Conflicting financial accounts
- Costs
- Outcome: The court ordered that there be no order as to costs below, taking into account the defendant's offer to settle, even though it was not in the prescribed form.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
- Indemnity
9. Cause of Actions
- Negligence
- Nuisance
10. Practice Areas
- Commercial Litigation
11. Industries
- Hospitality
- Retail
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Herbs and Spices Trading Post Pte Ltd v Deo Silver (Pte) Ltd | High Court | Yes | [1990] SLR 1234 | Singapore | Cited for the principle that a judge hearing an appeal from a decision of the AR exercises a confirmatory jurisdiction and is entitled to exercise an unfettered discretion. |
| Augustine v Goh Siam Yong | Court of Appeal | Yes | [1992] 1 SLR 767 | Singapore | Cited for affirming the principle that a judge hearing an appeal from a decision of the AR exercises a confirmatory jurisdiction and is entitled to exercise an unfettered discretion. |
| Evans v Bartlam | N/A | Yes | [1937] AC 473 | N/A | Cited for the principle that due weight should be given to the decision of the AR. |
| Chang Ah Lek v Lim Ah Koon | Court of Appeal | Yes | [1999] 1 SLR 82 | Singapore | Cited for following the principle in Evans v Bartlam that due weight should be given to the decision of the AR. |
| Ladd v Marshall | N/A | Yes | [1954] 1 WLR 1489 | N/A | Cited for the test laid down for introducing further evidence, with modifications. |
| Lassiter Ann Masters v To Keng Lam | N/A | Yes | [2004] 2 SLR 392 | N/A | Cited for setting out the modified version of the test laid down in Ladd v Marshall for introducing further evidence. |
13. Applicable Rules
| Rule Name |
|---|
| O 22A r 1 of the Rules of Court (Cap 322, R5, 2006 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Assessment of damages
- Waste water spillage
- Loss of profit
- Loss of goodwill
- Mental distress
- Confirmatory jurisdiction
- Offer to settle
15.2 Keywords
- damages
- water damage
- assessment
- appeal
- loss of profit
- loss of goodwill
- mental distress
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Measure of Damages | 80 |
| Civil Practice | 75 |
| Costs | 60 |
| Landlord and Tenant Law | 60 |
| Contract Law | 30 |
| Estoppel | 20 |
| Mistake | 20 |
16. Subjects
- Damages
- Civil Procedure
- Negligence