Speedo Motoring v Ong Gek Sing: Lemon Law, Second-Hand Car, Consumer Protection
In Speedo Motoring Pte Ltd v Ong Gek Sing, the High Court of Singapore heard an appeal from the Small Claims Tribunal regarding the sale of a second-hand car. Ong Gek Sing (the Buyer) sued Speedo Motoring Pte Ltd (the Seller) under the Consumer Protection (Fair Trading) Act after discovering a defect in the hybrid battery. The High Court dismissed the appeal, finding that the Lemon Law applied and that the Seller was liable for partial reimbursement of the repair costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the applicability of the Lemon Law to a second-hand car sale. The court dismissed the appeal, finding the law applicable.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Speedo Motoring Pte Ltd | Appellant | Corporation | Appeal Dismissed | Lost | Lee Chay Pin |
| Ong Gek Sing | Respondent | Individual | Claim Allowed in Part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| George Wei | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lee Chay Pin | Chambers Law LLP |
4. Facts
- The Buyer purchased a second-hand Lexus GS 450 Hybrid Super Lux from the Seller for $138,000.
- The car was a 2008 model, registered in Singapore on 30 April 2009, and had two previous owners.
- The Buyer opted out of an extended warranty offered by the Seller.
- The Seller sent the Vehicle for an STA evaluation test, which gave it an overall “B” grading.
- The Buyer was later informed that the car had not been serviced by Borneo Motors since 7 March 2011.
- The Buyer noticed a warning on the Vehicle’s instrument panel, indicating an error with the hybrid system.
- The hybrid battery was found to be defective and needed replacement.
5. Formal Citations
- Speedo Motoring Pte Ltd v Ong Gek Sing, Small Claims Tribunal Appeal No 1 of 2013, [2014] SGHC 71
6. Timeline
| Date | Event |
|---|---|
| Vehicle registered in Singapore | |
| Sales Agreement signed | |
| STA Evaluation Report completed | |
| Buyer took delivery of the Vehicle | |
| Vehicle sent for servicing at Borneo Motors | |
| Warning appeared on the Vehicle’s instrument panel | |
| Hybrid system warning appeared again | |
| Buyer contacted the Seller | |
| Buyer contacted the Seller again | |
| Buyer replaced the defective hybrid battery and the front rotor discs | |
| Buyer replaced all four tyres | |
| Seller applied for leave to appeal to the High Court | |
| Seller filed its Notice of Appeal | |
| Appeal heard before the court | |
| Judgment reserved |
7. Legal Issues
- Applicability of Consumer Protection (Fair Trading) Act
- Outcome: The court held that the Consumer Protection (Fair Trading) Act applied to the sale of the second-hand vehicle, despite the buyer opting out of an extended warranty.
- Category: Substantive
- Breach of Implied Condition of Satisfactory Quality
- Outcome: The court found that the vehicle was not of satisfactory quality at the time of delivery due to the defective hybrid battery.
- Category: Substantive
- Jurisdiction of Small Claims Tribunal
- Outcome: The court held that the Small Claims Tribunal did not exceed its jurisdiction as the claim was within the monetary limit.
- Category: Jurisdictional
- Related Cases:
- [1996] 1 SLR(R) 731
8. Remedies Sought
- Monetary Compensation
- Reimbursement of Repair Costs
9. Cause of Actions
- Breach of Contract
- Violation of Consumer Rights
10. Practice Areas
- Commercial Litigation
- Consumer Law
11. Industries
- Automotive
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mohammed Akhtar and others v Schneider and another | High Court | Yes | [1996] 1 SLR(R) 731 | Singapore | Cited to distinguish the case based on the remedy sought, which was rescission of the contract. |
| Compact Metal Industries Ltd v PPG Industries (Singapore) Ltd | High Court | Yes | [2006] SGHC 242 | Singapore | Cited for the principles in ascertaining the standard of satisfactory quality in section 14 of the Sale of Goods Act. |
| National Foods Ltd v Pars Ram Brothers (Pte) Ltd | Court of Appeal | Yes | [2007] 2 SLR(R) 1048 | Singapore | Cited to endorse the principles in ascertaining the standard of satisfactory quality in section 14 of the Sale of Goods Act. |
| Bramhill v Edwards | N/A | Yes | [2004] 2 LI Rep 653 | N/A | Cited for the burden of proof in alleging that the goods are not of satisfactory quality. |
| Bartlett v Sidney Marcus Ltd | English Court of Appeal | Yes | [1965] 1 WLR 1013 | England and Wales | Cited by the Seller to argue that the vehicle was of satisfactory quality as it was in roadworthy condition. The court distinguished this case. |
| Business Applications Specialists Ltd v Nationwide Credit Corporation Ltd | English Court of Appeal | Yes | [1988] RTR 332 | England and Wales | Cited to show that the decision in Bartlett must be treated with great circumspection. |
13. Applicable Rules
| Rule Name |
|---|
| O 59 r 18A of the Rules of Court (Cap 332, R 5, 2006 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| Small Claims Tribunal Act (Cap 308, 1998 Rev Ed) | Singapore |
| Sale of Goods Act (Cap 393, 1999 Rev Ed) | Singapore |
| s 5 of the Small Claims Tribunal Act (Cap 308, 1998 Rev Ed) | Singapore |
| s 5(3) of the Small Claims Tribunal Act (Cap 308, 1998 Rev Ed) | Singapore |
| s 5(4) of the Small Claims Tribunal Act (Cap 308, 1998 Rev Ed) | Singapore |
| s 2 of the Small Claims Tribunal Act (Cap 308, 1998 Rev Ed) | Singapore |
| s 13 of the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| s 13(1) of the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| s 13(2) of the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| s 12B of the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| s 12B(1) of the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| s 12A(4) of the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| s 12A(4)(a) of the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| s 13 of the Sale of Goods Act (Cap 393, 1999 Rev Ed) | Singapore |
| s 14 of the Sale of Goods Act (Cap 393, 1999 Rev Ed) | Singapore |
| s 15 of the Sale of Goods Act (Cap 393, 1999 Rev Ed) | Singapore |
| s 12B(1)(b) of the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| s 12B(3) of the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| s 12B(4) of the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| s 12B(4)(a) of the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| s 12B(4)(b) of the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| s 12A(3) of the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| s 14(2) of the Sale of Goods Act (Cap 393, 1999 Rev Ed) | Singapore |
| s 14(2A) of the Sale of Goods Act (Cap 393, 1999 Rev Ed) | Singapore |
| s 14(2B) of the Sale of Goods Act (Cap 393, 1999 Rev Ed) | Singapore |
| s 14(2C) of the Sale of Goods Act (Cap 393, 1999 Rev Ed) | Singapore |
| s 12C of the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| s 12D(1) of the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| s 12D(1)(b) of the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| s 12F of the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) | Singapore |
| s 39(2)(a) of the Small Claims Tribunal Act (Cap 308, 1998 Rev Ed) | Singapore |
| s 12(1) of the Small Claims Tribunal Act (Cap 308, 1998 Rev Ed) | Singapore |
| s 22(1) of the Small Claims Tribunal Act (Cap 308, 1998 Rev Ed) | Singapore |
| s 28(1) of the Small Claims Tribunal Act (Cap 308, 1998 Rev Ed) | Singapore |
| s 28(4) of the Small Claims Tribunal Act (Cap 308, 1998 Rev Ed) | Singapore |
| s 12(4) of the Small Claims Tribunal Act (Cap 308, 1998 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Lemon Law
- Consumer Protection (Fair Trading) Act
- Satisfactory Quality
- Hybrid Battery
- Second-Hand Car
- STA Evaluation
- Implied Condition
- Wear and Tear
15.2 Keywords
- Lemon Law
- Second-Hand Car
- Hybrid Vehicle
- Consumer Protection
- Defective Goods
16. Subjects
- Consumer Law
- Sale of Goods
- Motor Vehicle Law
17. Areas of Law
- Consumer Protection Law
- Contract Law
- Sale of Goods