Purpose Automobiles Pte Ltd v Wong Li Yan, Virginia & Anor

Parties

Procedural Posture

District Court Originating Claim and Assessment of Damages (contract and Tort Claims) / Assessment of Damages After Interlocutory Judgment for Breach of S13(1) Sale of Goods Act

Legal Issues

1. 1 Whether the claimant proved that but for the mileage misdescription the prospective sale would have completed
2. 2 Whether losses from the aborted sale and consequential costs were caused by and not too remote from the breach
3. 3 Proper measure of damages under the Sale of Goods Act for a breach of description (s13(1)) and breach of warranty (s53)

Ratio Decidendi

The claimant failed to prove causation for the aborted $965,000 sale because the warranty was voided by the manufacturer on the basis of a detected mileage discrepancy and suspected tampering rather than solely because the car's actual mileage differed from the contractual mileage; losses flowing from the voided warranty were therefore not caused by the s13(1) breach and/or were too remote. Damages were limited to the diminution in value directly attributable to the mileage misdescription and assessed at $20,000.

Court Disposition

Judgment for claimant in part against 1st defendant; limited damages awarded for breach of mileage description; other claimed losses dismissed

Orders

• 1st defendant to pay the claimant $20,000 in damages
• 1st defendant to pay interest at 5.33% from date of judgment to date of payment