In a civil claim, it is important for claimants to be able to prove the losses they have suffered arising from any claims being made. Apart from general damages, claimants may seek exceptional damages such as Wrotham Park damages or punitive damages, for which there are further requirements of pleading and proof. In Phua Seng Hua and others v Kwee Seng Chio Peter and another [2022] SGHC(A) 11, the Appellate Division of the Singapore High Court considered the requirements for such a claim of exceptional damages.
The case involved claims in a representative action by the Appellants, a group of members of a social club, against the Respondents, who were the club’s owner and operator and its director and indirect shareholder. The Respondents successfully resisted the claims for deceit and negligence, and reduced the claim for damages for breach of contract of almost S$20 million to nominal damages. The Respondents were represented by Vikram Nair, Foo Xian Fong and Mazie Tan of Rajah & Tann Singapore LLP.
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