Teo Gim Tiong v Krishnasamy Pushpavathi (legal representative of the estate of Maran s/o Kannakasabai, deceased)

Teo Gim Tiong v Krishnasamy Pushpavathi (legal representative of the estate of Maran s/o Kannakasabai, deceased)

Change in circumstances alone does not invalidate an offer to settle or an acceptance; the offeror cannot avoid a binding acceptance on the ground that circumstances changed unless the quantum is shown to be unfair or unjust. Accordingly the appeal was dismissed.

Citation
[2013] SGHC 178
Parties
Plaintiff; Respondent: Teo Gim Tiong; Defendant; Appellant: Krishnasamy Pushpavathi (legal representative of the estate of Maran s/o Kannakasabai, deceased)
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
17 September 2013
Case Number
District Court Suit No 335 of 2009 (Registrar's Appeal from Subordinate Courts No 89 of 2013)
Procedural Posture
Registrar's Appeal From Subordinate Courts (district Court Suit No 335 of 2009) / High Court Hearing on Appeal; Judgment Delivered
Outcome
Appeal dismissed
Legal Topics
Offer to Settle, Withdrawal of Offer, Acceptance of Offer, Effect of Death on Settlements, Costs
Source Language
English
Civil Procedure Personal Injury Contract Law Estate Law Offer to Settle Withdrawal of Offer Acceptance of Offer Effect of Death on Settlements +1 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 4 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Teo Gim Tiong

Plaintiff; Respondent

Krishnasamy Pushpavathi (legal representative of the estate of Maran s/o Kannakasabai, deceased)

Defendant; Appellant

Procedural Posture

Registrar's Appeal From Subordinate Courts (district Court Suit No 335 of 2009) / High Court Hearing on Appeal; Judgment Delivered

Legal Issues

  1. 1 Whether an offer to settle without a specified deadline may be withdrawn by the offeror on one day's notice
  2. 2 Whether a plaintiff's legal representative may validly accept an offer after the plaintiff's death and whether such acceptance binds the offeror
  3. 3 Whether a change in circumstances (eg death) permits retraction of an offer or acceptance on fairness grounds

Ratio Decidendi

Change in circumstances alone does not invalidate an offer to settle or an acceptance; the offeror cannot avoid a binding acceptance on the ground that circumstances changed unless the quantum is shown to be unfair or unjust. Accordingly the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs reserved to be heard/determined later if parties cannot agree