Zhao Feng Guo v Tan Hong Soon t/a Intense Engineering Construction

Zhao Feng Guo v Tan Hong Soon t/a Intense Engineering Construction

The appeal is dismissed because the alleged misrepresentation was unproven and in any event too remote to affect tort liability; the service irregularity was minor and not promptly challenged; and the defendant's delay in seeking to set aside the interlocutory judgment would prejudice the plaintiff as the damages assessment was nearly complete, therefore the interlocutory judgment dated 2 October 2001 should not be set aside.

Citation
[2003] SGHC 106
Parties
Plaintiff/respondent: Zhao Feng Guo; Defendant/appellant: Tan Hong Soon t/a Intense Engineering Construction
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
6 May 2003
Case Number
Suit 958/2001, RA 80/2003
Procedural Posture
Personal Injury Tort / Appeal Against Dismissal of Application to Set Aside Interlocutory Judgment; Assessment of Damages Pending
Outcome
Appeal dismissed
Legal Topics
Interlocutory Judgment, Setting Aside Judgment, Service of Writ, Misrepresentation, Causation, Remoteness, Ex Turpi Causa, Quantum of Damages
Source Language
English
Civil Procedure Tort Damages Interlocutory Judgment Setting Aside Judgment Service of Writ Misrepresentation Causation +3 more

Case Brief

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Parties

Zhao Feng Guo

Plaintiff/respondent

Tan Hong Soon t/a Intense Engineering Construction

Defendant/appellant

Procedural Posture

Personal Injury Tort / Appeal Against Dismissal of Application to Set Aside Interlocutory Judgment; Assessment of Damages Pending

Legal Issues

  1. 1 Whether non-discovery of immigration documents and alleged misrepresentation amount to illegality justifying setting aside an interlocutory judgment
  2. 2 Whether the alleged improper service (writ found on doorstep rather than pasted) renders the judgment irregular
  3. 3 Whether the plaintiff's alleged misrepresentation of qualifications is relevant to liability in tort or only to contractual claims/quantum

Ratio Decidendi

The appeal is dismissed because the alleged misrepresentation was unproven and in any event too remote to affect tort liability; the service irregularity was minor and not promptly challenged; and the defendant's delay in seeking to set aside the interlocutory judgment would prejudice the plaintiff as the damages assessment was nearly complete, therefore the interlocutory judgment dated 2 October 2001 should not be set aside.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Interlocutory judgment dated 2 October 2001 not set aside; assessment of damages to proceed