Ho Kian Siang and Another v Ong Cheng Hoo and Others

Ho Kian Siang and Another v Ong Cheng Hoo and Others

Where a plaintiff sues for specific performance and only elects for damages (or loses the ability to obtain specific performance) at trial by settlement with the mortgagee, the appropriate date to assess damages in lieu is the date on which the remedy of specific performance ceased to be available (here the first day of trial, 29 May 2000). Applying that date and agreed market values, damages equal $332,000 (market value $1.65m less contract price $1.318m).

Citation
[2000] SGHC 136
Parties
Plaintiffs: Ho Kian Siang and Another; First and Second Defendants: Ong Cheng Hoo and Others; Mortgagee / Third Defendant: Third Defendants (the bank)
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
11 July 2000
Case Number
Suit 600017/2000
Procedural Posture
Contract Sale of Land; Claim for Specific Performance Alternatively Damages / Trial Concluded; Judgment Reserved; Decision on Quantum and Award of Damages Made (interim Payment Ordered Earlier)
Outcome
Judgment for plaintiffs for total damages of SGD 332000; interim judgment for SGD 132000 previously made, balance judgment for SGD 200000 entered against defendants; costs and consequential orders reserved for further hearing.
Legal Topics
Specific Performance, Damages in Lieu of Specific Performance, Assessment Date for Damages, Mitigation of Loss, Mortgagee in Possession, Temporary Occupation Permit (top)
Source Language
English
Contract Property Equity Remedies Civil Procedure Specific Performance Damages in Lieu of Specific Performance Assessment Date for Damages +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Ho Kian Siang and Another

Plaintiffs

Ong Cheng Hoo and Others

First and Second Defendants

Third Defendants (the bank)

Mortgagee / Third Defendant

Procedural Posture

Contract Sale of Land; Claim for Specific Performance Alternatively Damages / Trial Concluded; Judgment Reserved; Decision on Quantum and Award of Damages Made (interim Payment Ordered Earlier)

Legal Issues

  1. 1 Whether damages in lieu of specific performance should be assessed at the date of election (first day of trial) or at an earlier date (date of breach or date when contract was lost)
  2. 2 Whether plaintiffs lost the right to specific performance by settling with the mortgagee on the first day of trial
  3. 3 Appropriate measure of damages and applicability of mitigation principles

Ratio Decidendi

Where a plaintiff sues for specific performance and only elects for damages (or loses the ability to obtain specific performance) at trial by settlement with the mortgagee, the appropriate date to assess damages in lieu is the date on which the remedy of specific performance ceased to be available (here the first day of trial, 29 May 2000). Applying that date and agreed market values, damages equal $332,000 (market value $1.65m less contract price $1.318m).

Court Disposition

Judgment for plaintiffs for total damages of SGD 332000; interim judgment for SGD 132000 previously made, balance judgment for SGD 200000 entered against defendants; costs and consequential orders reserved for further hearing.

Orders

  • Interim judgment entered for SGD 132000 against the defendants
  • Defendants to refund deposit of SGD 13180 to plaintiffs' solicitors