Singapore Shooting Association v. Singapore Rifle Association: Negligence and Occupier's Liability in Flooding Incident
In Singapore High Court Suit No 1057 of 2015, Singapore Rifle Association (“SRA”) counterclaimed against Singapore Shooting Association (“SSA”) for losses caused by two floods at the National Shooting Centre. The SSA had initially sued the SRA for vacant possession of the premises, but withdrew its claim. The SRA sought compensation for damages from floods on 24 December 2014 and 3 May 2015, alleging negligence by the SSA. The High Court dismissed the counterclaim for the first flood but found the SSA liable for losses of $4,708 incurred for cleaning after the second flood. The SRA has appealed the decision.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Counterclaim dismissed in part; judgment for Defendant in part.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Singapore High Court addressed a negligence claim by Singapore Rifle Association against Singapore Shooting Association for flood-related losses. The court dismissed most claims but found SSA liable for cleaning costs from one flood.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Singapore Shooting Association | Plaintiff, Respondent | Association | Claim dismissed in part, Liable for losses | Partial, Lost | Lee Hwee Khiam Anthony, Angelyn Cheng |
| Singapore Rifle Association | Defendant, Appellant | Association | Counterclaim dismissed in part, Judgment for Defendant in part | Partial, Partial | Wendell Wong, Denise Teo, Lim Yao Jun |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Debbie Ong | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lee Hwee Khiam Anthony | Bih Li & Lee LLP |
| Angelyn Cheng | Bih Li & Lee LLP |
| Wendell Wong | Drew & Napier LLC |
| Denise Teo | Drew & Napier LLC |
| Lim Yao Jun | Drew & Napier LLC |
4. Facts
- SSA leased the premises from Sport Singapore.
- SRA occupied part of the NSC with SSA's permission.
- Floods occurred on 24 December 2014 and 3 May 2015.
- SRA claimed SSA was negligent in maintaining the premises.
- SSA argued Sport Singapore was responsible for the works.
- The first flood was caused by a landslip at the unlined drain.
- The second flood was caused by the clogging of Culvert B by debris.
5. Formal Citations
- Singapore Shooting Association v Singapore Rifle Association, Suit No 1057 of 2015, [2017] SGHC 266
6. Timeline
| Date | Event |
|---|---|
| SSA allowed SRA to occupy and manage part of the NSC. | |
| SSA leased the Premises from Sport Singapore. | |
| Parties entered into an Operator Agreement. | |
| Trucks carrying earth fill material frequently entered the Premises. | |
| Premises handed over to a contractor for refurbishment and renovation works. | |
| Parties signed a Proprietary Range Agreement which terminated the Operator Agreement. | |
| Premises handed back by the contractor to Sport Singapore and in turn to the SSA. | |
| The 1st Flood occurred at the Premises. | |
| Professor Babovic produced a Flood Assessment Report. | |
| SSA’s Council convened a Board of Inquiry. | |
| BOI issued its report. | |
| The PUB surveyed the Premises. | |
| The PUB surveyed the Premises. | |
| The 2nd Flood occurred. | |
| Sport Singapore claimed that it had not requested the SSA to surrender the whole of the Premises to it for the SEA Games renovation. | |
| Trial began. | |
| Trial. | |
| Trial. | |
| Trial. | |
| Trial. | |
| Trial. | |
| Trial. | |
| Trial. | |
| Court dismissed the counterclaim in relation to the 1st Flood but found the SSA liable to the SRA for losses of $4,708 expended on cleaning works as a result of the 2nd Flood. | |
| Full written grounds for the decision were set out. |
7. Legal Issues
- Negligence
- Outcome: The court found the SSA negligent in failing to maintain the premises after renovation works, leading to the second flood.
- Category: Substantive
- Sub-Issues:
- Breach of duty of care
- Causation
- Related Cases:
- [2013] 3 SLR 284
- [2007] 4 SLR (R) 100
- Duty of Care
- Outcome: The court held that the SSA owed a duty of care to the SRA as a lawful entrant to the premises.
- Category: Substantive
- Related Cases:
- [2013] 3 SLR 284
- [2007] 4 SLR (R) 100
- Breach of Duty
- Outcome: The court found that the SSA breached its duty of care by failing to maintain the premises and undertake adequate rectification measures after the first flood.
- Category: Substantive
- Causation
- Outcome: The court found that the SSA's breach of duty caused the second flood but not the first flood.
- Category: Substantive
- Costs
- Outcome: The court awarded costs to the SSA, considering the split outcome and the focus of the trial on the first flood.
- Category: Procedural
- Related Cases:
- [1994] 2 SLR(R) 501
- [2005] 1 SLR(R) 130
8. Remedies Sought
- Compensation for losses
- Damages
9. Cause of Actions
- Negligence
- Occupier's Liability
10. Practice Areas
- Civil Litigation
11. Industries
- Sports
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Toh Siew Kee v Ho Ah Lam Ferrocement (Pte) Ltd and others | Court of Appeal | Yes | [2013] 3 SLR 284 | Singapore | Cited for the principle that the law on occupiers’ liability is subsumed under the tort of negligence and for the duty of care owed by occupiers to lawful entrants. |
| Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency | Court of Appeal | Yes | [2007] 4 SLR (R) 100 | Singapore | Cited for the test for the duty of care in negligence. |
| Tullio Planeta v Maoro Andrea G | Court of Appeal | Yes | [1994] 2 SLR(R) 501 | Singapore | Cited for the principle that costs always follow the event unless there are special reasons for depriving the successful litigant of his costs in part or in full. |
| Khng Thian Huat and another v Riduan bin Yusof and another | Court of Appeal | Yes | [2005] 1 SLR(R) 130 | Singapore | Cited for the issue-based approach to awarding costs. |
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
- National Shooting Centre
- Unlined drain
- Landslip
- Culvert
- Embankment
- Gratuitous licence
- SEA Games renovation
15.2 Keywords
- negligence
- occupiers liability
- flooding
- Singapore Shooting Association
- Singapore Rifle Association
- construction
- drainage
- landslip
16. Subjects
- Tort Law
- Negligence
- Occupiers Liability
- Construction Law
- Drainage
17. Areas of Law
- Tort
- Negligence
- Occupier’s Liability