Koh Chew Chee v Liu Shu Ming [2022] SGHC 25

Notable case: Koh Chew Chee v Liu Shu Ming [2022] SGHC 25

Lee Sieu Kin J granted the claimant damages for breach of contract on the reliance measure even though she submitted only on the expectation measure (for which the evidence adduced did not properly address).

She also did not plead unjust enrichment so the Judge could not award a claim or damages on that basis.

From [99] onwards, you can see how he went out of the way to cite authorities and make legal analysis which litigants’ counsels did not seem to have raised. He did this so that he could award the claimant more than nominal damages.

However, he sounds a cautionary note at [144] to remind counsels to consider fallback causes of action and plead the right legal bases on the facts before close of pleadings. Again at [148], he says:

“I therefore reiterate my admonition at [144]. The role of counsel is to assist the court in delivering justice to the parties – justice, of course, is that by law. The law can, and quite often is, a technical field. It is thus incumbent on counsel to ensure that the legal bases on which they advance their client’s position is capable of bearing out their client’s factual claim for justice”.

#SingaporeLaw #litigation #damages #law 

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