ONG HAN NAM v BORNEO VENTURES PTE. LTD.

[2023] SGHC(A) 30 High Court (Appellate Division) 30 August 2023 AD/CA 60/2022

8 cases cited Cited by 3 cases

Key facts

Court	High Court (Appellate Division)
Decided	30 August 2023
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 30 August 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Damages — Assessment

Practice Areas

Damages

Judges (2)

Aedit Abdullah Delivered Woo Bih Li Coram

Counsel (8)

Engelin Teh Practice LLC Firm Harry Elias Partnership LLP Firm

Charmaine Lim Counsel for the respondent

Cherrilynn Chia Counsel for the appellant Lem Jit Min Andy Counsel for the appellant Poon Pui Yee Counsel for the appellant

Teh Guek Ngor Engelin Counsel for the respondent

Yeo Yian Hui Mark Counsel for the respondent

Parties (2)

Borneo Ventures Pte. Ltd. Respondent

Ong Han Nam Appellant

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.

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.