Shepherdson v Singapore Recreation Club: Damages for Wrongful Suspension

In Shepherdson, Terence Christopher v Singapore Recreation Club, the High Court of Singapore assessed damages payable to Mr. Shepherdson for his wrongful suspension from the Singapore Recreation Club (SRC). The court awarded $3,600 for deprivation of membership rights and privileges and $14,000 for mental distress, totaling $17,600. The claim arose from a breach of contract due to the club's failure to observe the rules of natural justice during disciplinary proceedings.

1. Case Overview

1.1 Court

High Court of Singapore

1.2 Outcome

Damages awarded for deprivation of membership rights and privileges, and for mental distress.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Damages assessment for wrongful suspension from Singapore Recreation Club. Court awards damages for deprivation of rights and mental distress.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Singapore Recreation ClubDefendantAssociationDamages Awarded AgainstLost
Shepherdson, Terence ChristopherPlaintiffIndividualDamages AwardedWon

3. Judges

Judge NameTitleDelivered Judgment
Navin AnandAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Tan Shi Yun JoleneBR Law Corporation
Ponnampalam SivakumarBR Law Corporation
Ganesh RamanathanKaruppan Chettiar & Partners

4. Facts

  1. Mr. Shepherdson, a member of Singapore Recreation Club, was suspended for 12 months and fined $1,000.
  2. The suspension stemmed from an altercation at the 2016 Annual General Meeting.
  3. The Management Committee upheld the Disciplinary Committee's decision despite concerns of bias.
  4. Mr. Shepherdson's membership was suspended for 10 months and 20 days.
  5. Mr. Shepherdson suffered mental distress and was diagnosed with an adjustment disorder.
  6. Mr. Shepherdson was an active member of the club, participating in activities and management.

5. Formal Citations

  1. Shepherdson, Terence Christopher v Singapore Recreation Club, Originating Summons No 218 of 2017 (Assessment of Damages No 19 of 2018), [2019] SGHCR 05

6. Timeline

DateEvent
Altercation at Singapore Recreation Club's annual general meeting.
Singapore Recreation Club received complaints about Mr Shepherdson’s conduct.
Singapore Recreation Club received complaints about Mr Shepherdson’s conduct.
Complaints Committee convened.
Disciplinary Committee constituted.
Disciplinary Committee hearing took place.
Disciplinary Committee issued its written report.
Singapore Recreation Club notified Mr Shepherdson of the Disciplinary Committee’s decision.
Mr Shepherdson appealed against the Disciplinary Committee’s decision.
Management Committee held a meeting to consider the appeal.
Singapore Recreation Club informed Mr Shepherdson that his appeal was dismissed.
Mr Shepherdson's suspension from Singapore Recreation Club commenced.
Mr Shepherdson commenced action to nullify the suspension and fine.
Woo J granted Mr Shepherdson’s application to nullify the suspension and the fine.
Singapore Recreation Club reactivated Mr Shepherdson’s membership.
Singapore Recreation Club sent Mr Shepherdson a letter informing him of the reactivation of his membership.
Assessment of damages hearing.
Assessment of damages hearing.
Assessment of damages hearing.
Assessment of damages hearing.
Judgment reserved.

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found that the Singapore Recreation Club breached its contract with Mr. Shepherdson by failing to observe the rules of natural justice, leading to his wrongful suspension.
    • Category: Substantive
    • Sub-Issues:
      • Wrongful Suspension
      • Failure to observe rules of natural justice
    • Related Cases:
      • [2017] SGHC 323
  2. Assessment of Damages
    • Outcome: The court assessed damages for both deprivation of membership rights and mental distress, awarding $3,600 and $14,000 respectively.
    • Category: Procedural
    • Sub-Issues:
      • Damages for deprivation of membership rights
      • Damages for mental distress
    • Related Cases:
      • [2008] SGHC 143
  3. Rules of Natural Justice
    • Outcome: The court found that the Management Committee failed to give Mr. Shepherdson a fair hearing due to apparent bias.
    • Category: Procedural
    • Sub-Issues:
      • Bias
      • Fair Hearing
    • Related Cases:
      • [2017] SGHC 323

8. Remedies Sought

  1. Nullification of Suspension
  2. Nullification of Fine
  3. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Recreation

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Shepherdson, Terence Christopher v Singapore Recreation ClubHigh CourtYes[2017] SGHC 323SingaporeSets out the detailed facts of the case and establishes the invalidity of the suspension, forming the basis for the assessment of damages.
Kay Swee Pin v Singapore Island Country ClubHigh CourtYes[2008] SGHC 143SingaporeCited as the only reported decision in Singapore on damages payable to a member as a result of the invalid suspension of a club membership. It provides guidance on assessing damages for deprivation of membership rights and mental distress.
Sim Yong Teng and another v Singapore Swimming ClubCourt of AppealYes[2016] 2 SLR 489SingaporeEndorses the analysis in Kay Swee Pin, recognizing damages for deprivation of rights and privileges and for mental distress as recoverable for wrongful suspension of club membership.
Robertson Quay Investments Pte Ltd v Steen Consultants Pte LtdN/AYes[2008] 2 SLR(R) 623N/ACited for the principle that the law does not demand complete certainty in proving the exact amount of damage suffered.
PH Hydraulics & Engineering Pte Ltd v Airtrust (Hong Kong) LtdN/AYes[2017] 2 SLR 129N/ACited for the principle that mental distress damages are recoverable where the object of the contract is to provide pleasure, relaxation, peace of mind or freedom from distress.
Mental Distress Damages in Contract – a Decade of ChangeN/AYes[1984] LMCLQ 119N/ACited for the principle that without mental distress damages, the member is not fully compensated because he is not put into as good a position as he would have been if the contract had been performed.
Hazwani bte Amin v Chia Heok MengN/AYes[2018] SGHCR 2N/ACited for the principle that the quantification of damages for intangible mental harm or undesirable sensory experiences is an exercise fraught with difficulty.
Contractual Damages for Intangible Loss: A Comparative AnalysisN/AYes[1984] 62 Canadian Bar Review 323N/ACited for the principle that there ought to be both internal consistency in the award of mental distress damages in cases involving the wrongful suspension of club memberships, as well as external consistency with the levels of damages awarded in other fields.
Milner and another v Carnival plc (trading as Cunard)England and Wales Court of Appeal (Civil Division)Yes[2010] EWCA Civ 389England and WalesCited for the principle that there ought to be both internal consistency in the award of mental distress damages in cases involving the wrongful suspension of club memberships, as well as external consistency with the levels of damages awarded in other fields.
Florence Bailes v Dr Ng Jit LeongN/AYes[1985] 1 MLJ 374MalaysiaAn early decision involving the award of mental distress damages for the wrongful suspension of a club membership.
Farley v SkinnerN/AYes[2001] 4 All ER 801N/ACited for the principle that the courts have approached the quantifying of damages for mental distress in contract law conservatively.
Sunny Metal & Engineering Pte Ltd v Ng Khim Ming EricN/AYes[2007] 3 SLR(R) 782N/ACited for the principle that the test to determine the issue of causation in fact in contract cases is the ‘but for’ test.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Societies Act (Cap 311, 2014 Rev Ed) Section 35(2)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Wrongful Suspension
  • Mental Distress
  • Deprivation of Membership Rights
  • Rules of Natural Justice
  • Bias
  • Adjustment Disorder
  • Assessment of Damages

15.2 Keywords

  • wrongful suspension
  • damages
  • mental distress
  • club membership
  • Singapore Recreation Club

17. Areas of Law

Area NameRelevance Score
Assessment of Damages95
Societies Act90
Unincorporated Associations80
Civil Procedure70
Contract Law60
Administrative Law10
Corporate Law10
Company Law10
Torts5
Property Law5
Family Law5
Arbitration5
Employment Law5
Wills and Probate5

16. Subjects

  • Contract Law
  • Damages
  • Club Membership
  • Unincorporated Associations