Baragwanath v Republic of Singapore Yacht Club: Trespass & Damages Quantification

Paul Patrick Baragwanath and Underwater Shipcare (Pte) Ltd appealed against the District Court's decision regarding the quantification of damages for trespass to the Republic of Singapore Yacht Club's marina. The High Court, presided over by Justice Choo Han Teck, allowed the appeal, reducing the damages awarded. The case involved a claim for trespass after Underwater Shipcare's vessel remained moored at the yacht club's marina for 123 days despite objections.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal allowed and the award of damages is reduced.

1.3 Case Type

Civil

1.4 Judgment Type

Written Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding damages for trespass. The court reduced the damages awarded for the vessel's unauthorized stay at the marina.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Paul Patrick BaragwanathAppellantIndividualAppeal Allowed in PartPartial
Underwater Shipcare (Pte) LtdAppellantCorporationAppeal Allowed in PartPartial
Republic of Singapore Yacht ClubRespondentAssociationDamages ReducedPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Siraj OmarPremier Law LLC
Alexander LeePremier Law LLC
Wee Chow Sing PatrickPatrick Wee & Partners

4. Facts

  1. The vessel belonging to Underwater Shipcare (Pte) Ltd trespassed into the Republic of Singapore Yacht Club's marina.
  2. Paul Patrick Baragwanath, managing director and major shareholder of Underwater Shipcare, is a member of the yacht club.
  3. The vessel remained moored at the marina for 123 days despite objections from the yacht club.
  4. The yacht club commenced an action in trespass against the appellants.
  5. The district judge awarded $51,870.38 as damages for the trespass.
  6. The vessel is a 58-feet long single hull commercial vessel.
  7. The vessel was sharing Berth I with another vessel, the Grande Explorer, for a period of time.

5. Formal Citations

  1. Paul Patrick Baragwanath and another v Republic of Singapore Yacht Club, District Suit No 1666 of 2014 (RAS 24 of 2015), [2015] SGHC 317

6. Timeline

DateEvent
Vessel sailed into the marina
Respondent commenced an action in trespass
Respondent applied for summary judgment
Vessel left the marina
Appellants filed an appeal
Judgment reserved
Decision Date

7. Legal Issues

  1. Trespass
    • Outcome: The court found that the vessel's continued presence at the marina constituted trespass.
    • Category: Substantive
  2. Quantification of Damages
    • Outcome: The court reduced the damages awarded, calculating them based on the market value of the berth usage.
    • Category: Substantive
    • Related Cases:
      • [2014] 2 SLR 659
  3. Leave to Appeal
    • Outcome: The court held that the appellants did not require leave to appeal.
    • Category: Procedural
    • Related Cases:
      • [2014] 2 SLR 659

8. Remedies Sought

  1. Damages for trespass
  2. Declaration that the appellants were not entitled to berth the vessel in the marina
  3. Order for the vessel to be removed
  4. Injunction against the appellants for the use of the berths of the marina

9. Cause of Actions

  • Trespass

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Recreation
  • Maritime

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Republic of Singapore Yacht Club v Paul Patrick Baragwanath and anotherDistrict CourtYes[2015] SGDC 268SingaporeCited as the grounds of decision of the district judge in the lower court.
Augustine Zacharia Norman v Goh Siam YongN/AYes[1992] 1 SLR(R) 746SingaporeCited for the position that the “amount in dispute” referred to the difference between the sum awarded by the lower court and the sum that the appellant was contending for on appeal.
Fong Khim Ling (administrator of the estate of Fong Ching Pau Lloyd, deceased) v Tan Teck AnnCourt of AppealYes[2014] 2 SLR 659SingaporeCited to define the meaning of 'amount in dispute' in s 21(1)(a) of the SCJA.
Ong Wah Chuan v Seow Hwa ChuanN/AYes[2011] 3 SLR 1150SingaporeCited regarding the issue of whether leave of appeal was required in a case involving a bifurcated trial where damages had yet been assessed.
Yenty Lily v ACES System Development Pte LtdHigh CourtYes[2013] 1 SLR 577SingaporeCited regarding the juridical basis of the user principle.
Thomas Teddy v Kuiper International Pte LtdHigh CourtYes[2013] SGHC 7SingaporeCited regarding the juridical basis of the user principle.
Cavenagh Investment Pte Ltd v Kaushik RajivN/AYes[2013] 2 SLR 543SingaporeCited regarding the juridical basis of the user principle.
ACES System Development Pte Ltd v Yenty LilyCourt of AppealYes[2013] 4 SLR 1417SingaporeCited regarding the juridical basis of the user principle.
Strand Electric and Engineering Co Ltd v Brisford Entertainments LtdEnglish Court of AppealYes[1952] 2 QB 246England and WalesCited regarding the user principle and the judicial implement to disgorge the wrongdoer’s gain or benefit.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Trespass
  • Marina
  • Damages
  • Berth
  • Vessel
  • Commercial vessel
  • Visitor's rate
  • Market value
  • User principle

15.2 Keywords

  • Trespass
  • Marina
  • Damages
  • Singapore
  • Yacht Club
  • Vessel
  • Appeal

17. Areas of Law

Area NameRelevance Score
Trespass90
Torts80
Property Law70
Property Damage60
User Principle50
Shipping Law40
Admiralty and Maritime Law40
Contract Law30
Breach of Contract30

16. Subjects

  • Tort Law
  • Shipping Law
  • Civil Procedure