JBE Properties v Handy Investments: Negligence & Nuisance in Construction

JBE Properties Pte Ltd and Christina Sui Fong Fong sued Handy Investments Pte Ltd and Seng Systems Engineering Pte Ltd in the High Court of Singapore, alleging negligence and nuisance related to the construction of The Nomu building, which caused flooding and damage to The Luxe building owned by JBE Properties. The court, presided over by Justice Lai Siu Chiu, found the defendants liable for the flooding incident due to poor housekeeping and construction debris from the Nomu site, which clogged the drainage system and caused water to overflow into the Luxe Building. The court awarded interlocutory judgment to the plaintiffs, with damages to be assessed by the Registrar.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiffs

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

JBE Properties sued Handy Investments for negligence and nuisance after flooding damaged their building due to construction debris. The court found Handy Investments liable.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
JBE Properties Pte LtdPlaintiffCorporationJudgment for PlaintiffWonSimon Goh Keng Yeow, Wang Ying Shuang
Christina Sui Fong FongPlaintiffIndividualJudgment for PlaintiffWonSimon Goh Keng Yeow, Wang Ying Shuang
Handy Investments Pte LtdDefendantCorporationJudgment Against DefendantLostGiam Chin Toon, Santhanasamy Gerard Vincent, Hui Choon Wai
Seng Systems Engineering Pte LtdDefendantCorporationJudgment Against DefendantLostGiam Chin Toon, Santhanasamy Gerard Vincent, Hui Choon Wai

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Simon Goh Keng YeowRajah & Tann LLP
Wang Ying ShuangRajah & Tann LLP
Giam Chin ToonWee Swee Teow & Co
Santhanasamy Gerard VincentWee Swee Teow & Co
Hui Choon WaiWee Swee Teow & Co

4. Facts

  1. The Luxe Building was flooded on 10 August 2008 due to heavy rain.
  2. Construction was ongoing at the Nomu site, adjacent to the Luxe Building.
  3. The plaintiffs alleged the defendants' negligence caused the flooding.
  4. Construction debris from the Nomu site clogged the drainage system.
  5. The Luxe sump overflowed, causing water to enter the Luxe Building.
  6. The second plaintiff had arranged an exhibition in the Luxe Building.
  7. The water ingress damaged fixtures and contents in the Luxe Building.

5. Formal Citations

  1. JBE Properties Pte Ltd and another v Handy Investments Pte Ltd and another, Suit No 15 of 2011, [2013] SGHC 184

6. Timeline

DateEvent
Construction of the Luxe Building started
Construction of the Nomu Building began
Temporary Occupation Permit issued for the Luxe Building
Opening party for the contemporary Chinese ink paintings exhibition
Flooding incident at The Luxe Building
Kerk visited the site after the flooding incident
Photographs of the Nomu site were taken
Temporary Occupation Permit issued for the Nomu Building
Plaintiffs commenced proceedings
Court made a site visit to the Nomu Building and the premises of the former Methodist Girls’ School
Decision Date

7. Legal Issues

  1. Negligence
    • Outcome: The court found the defendants negligent in carrying out construction of the Nomu Building, which caused damage to the Luxe Building.
    • Category: Substantive
    • Sub-Issues:
      • Breach of duty of care
      • Causation
      • Failure to maintain tidiness and cleanliness
      • Failure to prevent materials from being disposed in the Luxe sump
  2. Nuisance
    • Outcome: The court found the defendants liable for causing a nuisance by allowing rainwater and surface run-off to escape from the Nomu site and be discharged into the Luxe site.
    • Category: Substantive
    • Sub-Issues:
      • Escape of rainwater and surface run-off
      • Discharge of water into the Luxe site
  3. Causation
    • Outcome: The court found that the defendants' acts or omissions were the proximate cause of the water ingress to the Luxe site and into the Luxe Building.
    • Category: Substantive
    • Sub-Issues:
      • Proximate cause
      • Intervening act

8. Remedies Sought

  1. Damages for negligence
  2. Damages for nuisance

9. Cause of Actions

  • Negligence
  • Nuisance

10. Practice Areas

  • Construction Litigation
  • Commercial Litigation

11. Industries

  • Construction
  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
Rules of Court (Cap 322, R 5, 2006 Rev Ed), O 40A r 2

14. Applicable Statutes

Statute NameJurisdiction
Sewerage and Drainage Act (Cap 294, 2001 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Flooding incident
  • Luxe Building
  • Nomu Building
  • Luxe sump
  • Nomu sump
  • Construction debris
  • Slope
  • Drainage system
  • Backfilling
  • Soil erosion
  • Openings
  • Cascade drain

15.2 Keywords

  • negligence
  • nuisance
  • construction
  • flooding
  • drainage
  • debris
  • Singapore
  • High Court

16. Subjects

  • Construction Dispute
  • Negligence
  • Nuisance
  • Drainage

17. Areas of Law

  • Negligence
  • Nuisance
  • Construction Law
  • Civil Procedure