ABC Supermarket Pte Ltd v Kosma Holdings Pte Ltd

ABC Supermarket Pte Ltd v Kosma Holdings Pte Ltd

The appellant failed to prove on the balance of probabilities that the audited accounts established the operational losses or that the supermarket would have made a profit but for the defective air-conditioning; the respondent was entitled to challenge the probative value of the audited accounts without being barred...

Source-derived case information.

Citation
[2005] SGHC 44
Parties
Appellant/lessee: ABC Supermarket Pte Ltd; Respondent/landlord: Kosma Holdings Pte Ltd
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
28 February 2005
Case Number
DC Suit 1850/2002, RAS 34/2004
Procedural Posture
Contract Breach of Lease (landlord Failed to Provide Air Conditioning) / Appeal to High Court From District Judge (assessment of Damages)
Outcome
Appeal allowed in part. District judge's award varied; final award increased to $54,623.50. Each party to bear its own costs of the appeal.
Legal Topics
Loss of Profits, Assessment of Damages, Causation, Quantum, Audited Accounts as Evidence, Rule in Browne V Dunn, Loss of Chance, Rectification Costs
Source Language
english
Contract Landlord and Tenant Commercial Law Evidence Civil Procedure Damages Loss of Profits Assessment of Damages +6 more

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Parties

ABC Supermarket Pte Ltd

Appellant/lessee

Kosma Holdings Pte Ltd

Respondent/landlord

Procedural Posture

Contract Breach of Lease (landlord Failed to Provide Air Conditioning) / Appeal to High Court From District Judge (assessment of Damages)

Legal Issues

  1. 1 Whether appellant could claim operational losses from respondent
  2. 2 Whether audited profit and loss accounts are a good reflection of operational losses
  3. 3 Whether appellant's claim for loss of profits was properly quantified

Ratio Decidendi

The appellant failed to prove on the balance of probabilities that the audited accounts established the operational losses or that the supermarket would have made a profit but for the defective air-conditioning; the respondent was entitled to challenge the probative value of the audited accounts without being barred by Browne v Dunn; however the defective air-conditioning was found to have aggravated the appellant's losses and the court awarded $45,000 for additional loss plus $9,623.50 rectification costs, totalling $54,623.50.

Court Disposition

Appeal allowed in part. District judge's award varied; final award increased to $54,623.50. Each party to bear its own costs of the appeal.

Orders

  • Award damages to appellant of SGD 54,623.50 (SGD 9,623.50 rectification costs and SGD 45,000 compensation for additional loss)
  • Each party to bear its own costs of this appeal