Cheng William v Allister Lim & Thrumurgan and another and another appeal

Cheng William v Allister Lim & Thrumurgan and another and another appeal

Court held claimant was contributorily negligent for failing to inform his solicitors of the material representation he relied on and reduced damages by 15%; seller's fraudulent misrepresentation warranted greater share of contribution: Cheng liable for 65% of the apportioned defendant liability, Defendants 30%, Ng 5%; damages recoverable reduced accordingly and costs reallocated in line with new apportionment. Legal principle established: omission by client to disclose material information to solicitor can constitute contributory negligence; apportionment under Civil Law Act must account for both causation and blameworthiness.

Citation
[2015] SGCA 15
Parties
Appellant (civil Appeal No 148 of 2014); Fourth Respondent (civil Appeal No 152 of 2014): Cheng William; Respondents (ca 148/2014); Appellants (ca 152/2014); Defendants in the High Court: Allister Lim & Thrumurgan and another; Plaintiffs in High Court; Respondents (ca 152/2014); Respondents in CA 148/2014: Su Ah Tee and others; Fifth Respondent (appeared in Person); Negligent Misrepresenter: Ng Sing; Sixth Respondent (defaulted; Absent): SGR Property Pte Ltd
Court
Court of Appeal
Jurisdiction
Singapore
Judgment Date
16 March 2015
Case Number
Civil Appeal Nos 148 and 152 of 2014
Procedural Posture
Civil Appeal / Court of Appeal Decision on Appeals From High Court Judgment (appeals by Purchaser and by Conveyancing Solicitors)
Outcome
CA 148/2014 dismissed; CA 152/2014 allowed in part
Legal Topics
Fraudulent Misrepresentation, Negligent Misrepresentation, Contributory Negligence, Apportionment of Liability Under Civil Law Act S15/s16, Solicitor's Duty to Inform and Elicit Instructions, Costs and Indemnity
Source Language
English
Tort Professional Negligence Property Law Civil Procedure Contract Fraudulent Misrepresentation Negligent Misrepresentation Contributory Negligence +3 more

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Parties

Cheng William

Appellant (civil Appeal No 148 of 2014); Fourth Respondent (civil Appeal No 152 of 2014)

Allister Lim & Thrumurgan and another

Respondents (ca 148/2014); Appellants (ca 152/2014); Defendants in the High Court

Su Ah Tee and others

Plaintiffs in High Court; Respondents (ca 152/2014); Respondents in CA 148/2014

Ng Sing

Fifth Respondent (appeared in Person); Negligent Misrepresenter

SGR Property Pte Ltd

Sixth Respondent (defaulted; Absent)

Procedural Posture

Civil Appeal / Court of Appeal Decision on Appeals From High Court Judgment (appeals by Purchaser and by Conveyancing Solicitors)

Legal Issues

  1. 1 Whether seller (Cheng) made fraudulent misrepresentation regarding remaining lease term
  2. 2 Whether conveyancing solicitor (Allister Lim & Thrumurgan) was negligent in failing to inform client of title search results showing 17 years remaining
  3. 3 Whether claimant (Su) was contributorily negligent for failing to inform his solicitors of the representation he relied on

Ratio Decidendi

Court held claimant was contributorily negligent for failing to inform his solicitors of the material representation he relied on and reduced damages by 15%; seller's fraudulent misrepresentation warranted greater share of contribution: Cheng liable for 65% of the apportioned defendant liability, Defendants 30%, Ng 5%; damages recoverable reduced accordingly and costs reallocated in line with new apportionment. Legal principle established: omission by client to disclose material information to solicitor can constitute contributory negligence; apportionment under Civil Law Act must account for both causation and blameworthiness.

Court Disposition

CA 148/2014 dismissed; CA 152/2014 allowed in part

Orders

  • Reduce Plaintiffs' recoverable damages by 15% for contributory negligence
  • Apply apportionment of the Defendants' liability (85% net after contributory negligence) as follows: Cheng 65%, Allister Lim & Thrumurgan 30%, Ng 5%