CSDS AIRCRAFT SALES & LEASING INC. v SINGAPORE AIRLINES LIMITED [2023] SGCA(I) 5 (19 June 2023)

CSDS AIRCRAFT SALES & LEASING INC. v SINGAPORE AIRLINES LIMITED [2023] SGCA(I) 5 (19 June 2023)

The judge was entitled to give decisive weight to the factual evidence of a genuine third-party offer in determining market value, while using expert evidence as a cross-check. The judge did not err in rejecting the expert's concession where it was illogical in context. The six-month period for a substitute sale was reasonable based on the evidence.

Citation
[2023] SGCA(I) 5
Parties
Appellant/defendant: CSDS Aircraft Sales & Leasing Inc; Respondent/plaintiff: Singapore Airlines Limited
Jurisdiction
Singapore
Judgment Date
19 June 2023
Procedural Posture
Civil Appeal / Appeal From Assessment of Damages
Outcome
Appeal dismissed
Legal Topics
Damages for Breach of Contract, Assessment of Damages, Valuation of Goods, Expert Evidence, Sale of Goods

Case Brief

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Parties

CSDS Aircraft Sales & Leasing Inc

Appellant/defendant

Singapore Airlines Limited

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal From Assessment of Damages

  1. 1 Whether the trial judge erred in determining the market value of the aircraft for damages assessment
  2. 2 Whether the judge wrongly disregarded expert evidence in favour of factual evidence
  3. 3 Whether the judge erred in the reasonable time allowed for a substitute sale and related consequential damages

Ratio Decidendi

The judge was entitled to give decisive weight to the factual evidence of a genuine third-party offer in determining market value, while using expert evidence as a cross-check. The judge did not err in rejecting the expert's concession where it was illogical in context. The six-month period for a substitute sale was reasonable based on the evidence.

Court Disposition

Appeal dismissed

Orders

  • Market value of aircraft fixed at US$1.5 million for damages calculation
  • Damages awarded as contract price less deposit and market value