ONG HAN NAM v BORNEO VENTURES PTE. LTD.

[2023] SGHC(A) 30 High Court (Appellate Division) 30 August 2023 AD/CA 60/2022 21 min read
8 cases cited Cited by 1 case

Key facts

Court High Court (Appellate Division)
Decided
Judges Aedit Abdullah, Woo Bih Li
Charges / claim Damages
Counsel Engelin Teh Practice LLC, Harry Elias Partnership LLP, Charmaine Lim, Cherrilynn Chia, Lem Jit Min Andy, Poon Pui Yee, Teh Guek Ngor Engelin, Yeo Yian Hui Mark

Source: [2023] SGHC(A) 30, High Court (Appellate Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (2)

Counsel (8)

Parties (2)

Case Significance

Ong Han Nam v Borneo Ventures Pte Ltd [2023] SGHC(A) 30 is a reserved judgment of the Appellate Division of the High Court, delivered on 30 August 2023 in Civil Appeal No 60 of 2022, with Aedit Abdullah J delivering the judgment of the court sitting with Woo Bih Li JAD. The appeal by Ong Han Nam against Borneo Ventures Pte Ltd concerned the assessment of the quantum of damages, which was to be determined according to the parameters laid down by the Court of Appeal in Ong Han Nam v Borneo Ventures Pte Ltd [2021] 1 SLR 1248; the dispute centred on a plot of land of approximately 1.459 acres within the larger Sembulan Land in Kota Kinabalu, Sabah. The court observed that the hearing below had proceeded on a wrong approach to measuring the damages and set out to give effect to the Court of Appeal's directions.

[2023] SGHC(A) 30 explained

ONG HAN NAM v BORNEO VENTURES PTE. LTD. ([2023] SGHC(A) 30) is a Singapore judgment decided by the High Court (Appellate Division) on 30 August 2023. It is categorised under Damages. Within this corpus it has since been cited by 1 other reported Singapore judgment, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2023] SGHC(A) 30 about?

ONG HAN NAM v BORNEO VENTURES PTE. LTD. ([2023] SGHC(A) 30) is a High Court (Appellate Division) decision from 2023. Its published catchwords are “Damages — Assessment”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGHC(A) 30 consider?

The judgment refers to Supreme Court of Judicature Act (Cap 322). The statutes cited are listed in full on this page, each linking to its primary text.

What earlier Singapore cases does [2023] SGHC(A) 30 cite?

Among the in-corpus authorities it refers to are [2023] SGCA(I) 5. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.

How influential is [2023] SGHC(A) 30?

Within this corpus, [2023] SGHC(A) 30 has been cited by 1 later reported Singapore judgment. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

Summary

This appeal by Mr Ong Han Nam against Borneo Ventures Pte Ltd concerned the assessment of damages following Mr Ong's breach of a land warranty given in a share subscription agreement over land in Sabah. The court found the earlier assessment had used the wrong approach and set aside the award made below. It ordered Mr Ong to pay Borneo Ventures RM 1,830,376 in damages with interest at 5.33% from 26 March 2014 to full payment, with parties to bear their own costs.

What was Ong Han Nam v Borneo Ventures Pte Ltd [2023] SGHC(A) 30 about?

It was an Appellate Division appeal, with Aedit Abdullah J delivering the judgment sitting with Woo Bih Li JAD, concerning the assessment of the quantum of damages relating to a plot of land in Sabah, decided on 30 August 2023.

Why did the court revisit the damages assessment in [2023] SGHC(A) 30?

The court found that the hearing below had proceeded on a wrong approach, with the parties and the judge misapprehending how damages were to be measured under the parameters set by the Court of Appeal in Ong Han Nam v Borneo Ventures Pte Ltd [2021] 1 SLR 1248.

Statutes Cited

Cases Cited (8)

SG (4)
[2020] SGCA 27 [2020] SGHC 91 [2022] SGHC 162 [2023] SGCA(I) 5
SLR (4)
[2019] 1 SLR 873 [2020] 1 SLR 133 [2021] 1 SLR 1248 [2023] 3 SLR 140

Cited By (1)

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Statutes interpreted in this judgment

Legal concepts & references

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC(A) 30)