Yip Holdings v Asia Link: Damages for Breach of Contract & Crane Damage
Yip Holdings Pte Ltd sued Asia Link Marine Industries Pte Ltd in the High Court of Singapore, claiming damages for breach of contract related to damage to Yip Holdings' crane while stored at Asia Link's premises. The court, presided over by Belinda Ang Saw Ean J, found Asia Link liable for the damage. The court awarded Yip Holdings US$395,000 for the value of the crane, after deducting US$5,000 for repair costs, and ordered Asia Link to take over the crane 'as is, where is'. The court did not award damages for loss of rental or loss of chance to rent out the crane. Each party was ordered to bear its own costs of the appeal.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed in part.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Yip Holdings sued Asia Link for breach of contract regarding damage to a crane. The court awarded Yip Holdings US$395,000 for the crane's destruction.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Yip Holdings Pte Ltd | Plaintiff, Appellant | Corporation | Appeal allowed in part | Partial | |
| Asia Link Marine Industries Pte Ltd | Defendant, Respondent | Corporation | Appeal dismissed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | Judge | Yes |
4. Counsels
4. Facts
- Yip Holdings stored its crane at Asia Link's premises under an oral agreement.
- Asia Link unilaterally moved the crane to Haruki's yard without Yip Holdings' consent.
- Haruki dismantled the crane, causing damage.
- The crane was left in the open, exposed to the elements, and deteriorated.
- Yip Holdings received offers to buy the crane if it were in working condition.
- Asia Link denied Yip Holdings access to the crane.
- The cost to repair the crane was uneconomical, rendering it a constructive total loss.
5. Formal Citations
- Yip Holdings Pte Ltd v Asia Link Marine Industries Pte Ltd, Suit No 399 of 2008 (Registrar's Appeal Nos 389 of 2010 and 391 of 2010), [2011] SGHC 227
6. Timeline
| Date | Event |
|---|---|
| Oral agreement made between Yip Holdings Pte Ltd and Asia Link Marine Industries Pte Ltd regarding the storage of the crane. | |
| Yip Holdings requested access to the crane for removal. | |
| Asia Link Marine Industries Pte Ltd unilaterally moved the crane to Haruki Machinery Pte Ltd's yard. | |
| Asia Link Marine Industries Pte Ltd informed Yip Holdings Pte Ltd that the crane had been moved. | |
| Yip Holdings' solicitors wrote to Asia Link Marine Industries Pte Ltd alleging breach of contract. | |
| Yip Holdings Pte Ltd filed Suit No 399 of 2008. | |
| Lai Siu Chiu J's decision on liability was given. | |
| Assistant Registrar's decision on the quantum of damages recoverable was given. | |
| Hearing regarding the appeal. | |
| Decision date of the judgment. |
7. Legal Issues
- Breach of Contract
- Outcome: The court found the defendant liable for breach of contract for unilaterally moving the crane and failing to safeguard it.
- Category: Substantive
- Sub-Issues:
- Failure to safeguard property
- Unilateral relocation of property without consent
- Assessment of Damages
- Outcome: The court assessed damages based on the value of the crane at the time of destruction, considering expert evidence and offers to purchase.
- Category: Substantive
- Sub-Issues:
- Cost of repair vs. value of chattel
- Mitigation of damages
- Mitigation of Damages
- Outcome: The court held that the defendant could not argue failure to mitigate damages because it was not properly pleaded in its defense.
- Category: Procedural
- Sub-Issues:
- Failure to plead mitigation of damages
- Reasonableness of plaintiff's actions
8. Remedies Sought
- Monetary Damages
- Cost of repairs/replacement
- Loss of rental income
- Costs of recovery and reassembly
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Construction
- Marine
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Yip Holdings Pte Ltd v Asia Link Marine Industries Pte Ltd | High Court | Yes | [2009] SGHC 136 | Singapore | Established the defendant's liability for breach of contract and directed damages to be assessed. |
| The Liesbosch | House of Lords | Yes | [1933] AC 449 | England and Wales | Cited for the principle that where a chattel has been destroyed or is a constructive total loss, the prima facie measure of damages is the value of the chattel at the time and place of destruction, plus any other consequential losses. |
| Robertson Quay Investment Pte Ltd v Steen Consultants Pte Ltd | Court of Appeal | Yes | [2008] 2 SLR(R) 623 | Singapore | Cited for the principle that a court has to adopt a flexible approach with regard to the proof of damage and that the law does not demand that the plaintiff prove with complete certainty the exact amount of damage that he has suffered. |
| Chaplin v Hicks | Court of Appeal | Yes | [1911] 2 KB 786 | England and Wales | Cited for the principle that the fact that damages cannot be assessed with certainty does not relieve the wrongdoer of the necessity of paying damages. |
| Biggin & Co Ld v Permanite, Ld | English High Court | Yes | [1951] 1 KB 422 | England and Wales | Cited for the principle that where precise evidence is obtainable, the court naturally expects to have it, and where it is not, the court must do the best it can. |
| The Mediana | House of Lords | Yes | [1900] AC 113 | England and Wales | Cited for the principle that damages are awarded to a goods owner for loss or damage to the goods themselves, rather than for pecuniary loss as such. |
| Derby Resources AG and another v Blue Corinth Marine Co Ltd | Not Available | Yes | [1998] 2 Lloyd’s Rep 410 | England and Wales | Cited for the explanation of the function of an available market as the basis upon which to determine compensation in damages in a case involving negligent damage to goods. |
| The Harmonides | Not Available | Yes | [1903] P 1 | England and Wales | Cited for the principle that expert evidence may be given of the market value of the chattel as it was at the time and place of destruction. |
| Jia Min Building Construction Pte Ltd v Ann Lee Pte Ltd | High Court | Yes | [2004] 3 SLR(R) 288 | Singapore | Cited for the procedural rule that an assertion that the plaintiff had failed to mitigate its loss must be pleaded and proved by the defendant relying on it. |
| Geest plc v Lansiquot | Court of Appeal | Yes | [2002] 1 WLR 3111 | England and Wales | Cited for the procedural rule that an assertion that the plaintiff had failed to mitigate its loss must be pleaded and proved by the defendant relying on it. |
| The “Rainbow Star” | Court of Appeal | Yes | [2011] 3 SLR 1 | Singapore | Cited for the procedural rule that an assertion that the plaintiff had failed to mitigate its loss must be pleaded and proved by the defendant relying on it. |
| The Asia Star | Court of Appeal | Yes | [2010] 2 SLR 1154 | Singapore | Cited for the principles of mitigation of damages, including the reasonableness of the innocent party’s action or inaction after the breach and the defendant’s burden of proving failure to mitigate. |
| Dodd Properties (Kent) Ltd v Canterbury City Council | Court of Appeal | Yes | [1980] 1 WLR 433 | England and Wales | Cited for the principle that damages for tort or breach of contract are assessed as at the date of the breach, but such an inquiry may be factually difficult, and should not be applied mechanistically in circumstances where assessment at another date may more accurately reflect the compensatory principle. |
| The Kingsway | Not Available | Yes | [1918] P 344 | England and Wales | Cited for the principle that events occurring between the date of damage and the date of trial may fall to be taken into account. |
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
- Crane
- Breach of contract
- Damages
- Mitigation of damages
- Constructive total loss
- Assessment of damages
- Haruki
- Expert witness
- Oral agreement
- Unilateral move
15.2 Keywords
- crane
- breach of contract
- damages
- yip holdings
- asia link
- singapore
- high court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Breach of Contract | 90 |
| Damages | 85 |
| Contract Law | 75 |
| Assessment of Damages | 70 |
| Mitigation of Damages | 65 |
| Property Damage | 60 |
| Constructive Total Loss | 55 |
| Estoppel | 30 |
16. Subjects
- Contract Law
- Damages
- Construction Law