ST Building Solutions Pte Ltd v FortyTwo Pte Ltd: Assessment of Damages for Water Damage

ST Building Solutions Pte Ltd sued FortyTwo Pte Ltd in the High Court of Singapore on 22 July 2019, seeking damages for losses suffered due to water damage from a leak in FortyTwo Pte Ltd's unit. FortyTwo Pte Ltd conceded liability, and the court assessed the damages payable. The court awarded ST Building Solutions Pte Ltd $251,607.14, comprising $250,000 in general damages and $1,607.14 for loss of use of the unit.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Judgment for Plaintiff

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Assessment of damages case where ST Building Solutions sued FortyTwo for water damage to goods. Judgment awarded general damages to ST Building Solutions.

1.7 Decision Date

2. Parties and Outcomes

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

4. Facts

  1. Plaintiff leased a warehouse unit directly below the defendant's unit.
  2. A fire hose in the defendant's unit leaked, causing water to flood the plaintiff's unit.
  3. Plaintiff prepared a list of damaged goods.
  4. Defendant did not inspect the damaged goods.
  5. Plaintiff disposed of the damaged goods.
  6. Plaintiff commenced suit to recover losses.

5. Formal Citations

  1. ST Building Solutions Pte Ltd v FortyTwo Pte Ltd, Suit No 739 of 2019 (Assessment of Damages No 4 of 2020), [2020] SGHC 184

6. Timeline

DateEvent
Plaintiff leased warehouse unit
Fire hose leak in defendant's unit
Plaintiff notified McLarens Singapore Pte Ltd
Joint inspection of damaged goods
McLarens informed plaintiff of discrepancies in Draft List
Plaintiff informed defendant of losses
Plaintiff disposed of damaged goods
Plaintiff disposed of damaged goods
Plaintiff's lease of warehouse unit ended
Plaintiff commenced suit
Interlocutory judgment entered in favor of plaintiff
Hearing date
Hearing date
Judgment reserved

7. Legal Issues

  1. Assessment of Damages
    • Outcome: The court determined the amount of damages payable by the defendant to the plaintiff.
    • Category: Substantive
  2. Burden of Proof
    • Outcome: The court held that the plaintiff failed to sufficiently prove the quantum of damages.
    • Category: Procedural
    • Related Cases:
      • [2008] 2 SLR(R) 623

8. Remedies Sought

  1. Damages

9. Cause of Actions

  • Tort

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Robertson Quay Investment Pte Ltd v Steen Consultants Pte LtdCourt of AppealYes[2008] 2 SLR(R) 623SingaporeCited for the principle that the burden of proof lies on the plaintiff to establish the fact of damage and its quantum.
Biggin & Co Ltd v Permanite, LtdEnglish High CourtYes[1951] 1 KB 422England and WalesCited for the principle that the court must do the best it can where precise evidence is not obtainable.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Civil Law Act (Cap 43, 1999 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Damages
  • Assessment
  • Water Damage
  • Loss Adjuster
  • Mitigation

15.2 Keywords

  • Damages
  • Water Leak
  • Assessment
  • Singapore
  • High Court

17. Areas of Law

16. Subjects

  • Damages
  • Negligence
  • Tort