Significance: In PEX International Pte Ltd v Lim Seng Chye [2019] SGCA 82, the Singapore Court of Appeal held that foreseeability of risk of harm is not necessary to establish liability in the tort of nuisance. The Court also left open the issue of whether the rule in Rylands v Fletcher is a sub-species of nuisance and should be abolished. Regardless, similarly, foreseeability of risk of harm is not necessary to establish liability under the rule in Rylands v Fletcher.
Case Update: PEX International Pte Ltd v Lim Seng Chye [2019] SGCA 82 – foreseeability of risk of harm in tort of nuisance
