Singapore Judgment

Magistrates' Court

LIANG CHI AIR-CONDITION PTE LTD v ATP ENGINEERING PTE LTD

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

A claimant seeking damages for rental or loss of use must plead and prove specific vehicle particulars and the rental/loss of use calculation in the affidavit of evidence-in-chief; the claimant bears the evidential burden and omission of those particulars may lead to only nominal damages being awarded.

Court disposition

Claimant's claims for consequential losses, including the cost of renting a substitute vehicle during repairs, granted.

Orders

  • Claims for consequential losses, including cost of renting a substitute vehicle during repairs, granted.

02

Material facts

Parties

Liang Chi Air-Condition Pte Ltd

Claimant Counsel: Lim Chui Ling Catherine (Catherine Lim LLC)

ATP Engineering Pte Ltd

Defendant Counsel: Defendant in person

03

Procedural history

  1. Posture

    Magistrate's Court Assessment of Damages / Assessment of Damages Hearing

04

Questions and positions

Legal issues

Party arguments

Applicant
Claimant sought consequential losses including the cost of renting a substitute vehicle during repairs and filed an affidavit identifying the damaged vehicle only by registration number and asserting rental/loss of use sums.
Respondent
Defendant was absent and filed no substantive response to contest the assessment.

05

Court’s reasoning

  1. 01

    Deputy Registrar Evans Ng, [2026] SGMC 47

    A claimant bears the burden of adducing evidence to prove the measure of damages sought.

  2. 02

    Deputy Registrar Evans Ng, [2026] SGMC 47

    When claiming rental or loss of use damages the affidavit of evidence-in-chief must state specific vehicle particulars and the rental/loss of use calculation (make and model; type; engine capacity; age or registration date; ordinary use; and either actual rental cost or proposed daily rate x days).

  3. 03

    Deputy Registrar Evans Ng, [2026] SGMC 47

    The court will assess the reasonableness of a claimed daily rental rate against the pleaded vehicle particulars; absent those particulars the court may award nominal damages.

06

Ratio, limits and disposition

Ratio decidendi

A claimant seeking damages for rental or loss of use must plead and prove specific vehicle particulars and the rental/loss of use calculation in the affidavit of evidence-in-chief; the claimant bears the evidential burden and omission of those particulars may lead to only nominal damages being awarded.

Obiter and limits

  • The court would not have written a judgment but for the need to remind practitioners of common drafting deficiencies.
  • Lawyers must not assume the court will elicit missing facts by questioning witnesses; those facts must be drafted into the affidavit.
  • Common practice failures include disclosing only the vehicle registration number without other necessary particulars.

Court disposition

Claimant's claims for consequential losses, including the cost of renting a substitute vehicle during repairs, granted.

  • Claims for consequential losses, including cost of renting a substitute vehicle during repairs, granted.

Source and reliance status

Magistrates' Court · 7 April 2026

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Judgment text

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Source document

Magistrates' Court

Judgment· 7 April 2026

[2026] SGMC 47

Please delete where applicable – 1. These Grounds of Decision DOES NOT need redaction.

2. Redaction HAS NOT been done.

DEPUTY REGISTRAR

EVANS NG 07 April 2026 In the state courts of the republic of singapore [2026] SGMC 47 Magistrate’s Court Originating Claim No 3307 of 2025 Assessment of Damages No 1076 of 2025 Between Liang Chi Air-Condition Pte Ltd … Claimant And ATP Engineering Pte Ltd … Defendant grounds of decision [Damages] — [Assessment] [Damages] — [Practice and procedure] [Damages] — [Special damages] This judgment/GD is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher’s duty in compliance with the law, for publication in LawNet and/or the Singapore Law Reports. Liang Chi Air-Condition Pte Ltd v ATP Engineering Pte Ltd [2026] SGMC 47 Magistrate’s Court Originating Claim No 3307 of 2025 Assessment of Damages No 1076 of 2025 Deputy Registrar Evans Ng 1 April 2026 7 April 2026 Deputy Registrar Evans Ng: 1 The defendant’s driver damaged the claimant’s vehicle in a road traffic accident. The claimant entered interlocutory judgment against the defendant. At the assessment of damages hearing, I granted the claims for consequential losses, including the cost of renting a substitute vehicle during repairs. 2 This is a simple matter, and I would not have written a judgment but for the need to remind lawyers of some requirements that they tend to overlook when preparing these commonplace cases for hearing. 3 When a litigant seeks damages that are made up of

the costs of renting a substitute vehicle or for loss of use of his vehicle, he must expressly state all relevant facts regarding his damaged vehicle in the text of his affidavit of evidence-in-chief. These facts include: (a) the make and model of the vehicle, eg whether it is a Toyota Corolla Altis, Nissan Sunny or Yamaha MT-03; (b) the type of vehicle, eg whether it is a lorry, 8-seater mini-van or double-decker bus; (c) the vehicle’s engine capacity; (d) the vehicle’s age or registration date; (e) the ordinary use(s) of the vehicle; eg whether it was used once a week for grocery runs or five days a week to deliver goods; and (f) either the actual rental cost incurred (ie the daily rate of rental x the number of rental days), or the proposed sum for loss of use (ie the proposed daily rate x the number of days). These are factors which the court would consider when deciding whether the daily rate of rental incurred, or alleged value of the loss of use suffered by the claimant was reasonable. All too often, however, and indeed in this case, the sole particular that is disclosed in the claimant’s affidavit of evidence-in-chief is the vehicle’s registration number, eg ABC 1234 Z. 4 Lawyers must be mindful that when they act for a claimant, their client bears the burden of adducing evidence to prove the measure of damages sought, even in the absence of the opposing party. They

should not assume that the court will pose clarificatory questions to the witnesses, from which the relevant evidence could emerge when they are answered. If a claimant’s lawyer does not draft all the material facts into the claimant’s affidavit of evidence-in-chief, it only puts his client at risk of receiving nominal damages. Evans Ng Deputy Registrar Lim Chui Ling Catherine (Catherine Lim LLC) for the claimant; The defendant in person and absent.

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