Li Jialin & Anor v WINGCROWN INVESTMENT PTE. LTD.
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Case Significance
Li Jialin and another v Wingcrown Investment Pte Ltd [2024] SGHC 314 is a reserved judgment of the General Division of the High Court delivered on 6 December 2024 by Kwek Mean Luck J, in Originating Application No 423 of 2023 (Registrar's Appeal No 160 of 2024). Wingcrown Investment Pte Ltd had applied for an assessment of damages arising from two failed attempts by the appellants (the Purchasers, Li Jialin and Li Suinan) to purchase 113 Prince Charles Crescent #05-33 The Crest, Singapore 159023, following a sale and purchase agreement entered on 28 December 2015. The Assistant Registrar assessed Wingcrown's damages at $95,178.31. On appeal, the Purchasers argued that the AR failed to give due credit for an option fee of $357,000 retained by Wingcrown as required by Condition 15.10 of the Law Society of Singapore's Conditions of Sale 2012, and failed to account for gains Wingcrown made from mitigatory steps taken after the breaches.
Summary
Li Jialin and Li Suinan appealed in the General Division of the High Court against an assistant registrar's assessment that Wingcrown Investment Pte Ltd was entitled to damages of $95,178.31 arising from the purchasers' two failed attempts to buy a property at The Crest. The appeal concerned the assessment of damages, including whether credit had to be given for a $357,000 option fee under the Law Society of Singapore's Conditions of Sale 2012 and whether benefits from Wingcrown's mitigatory steps had to be credited against the damages. Kwek Mean Luck J allowed the purchasers' appeal, holding that Wingcrown had to give credit for the option fee and that, on the facts, Wingcrown was not entitled to any award of damages.
What was Li Jialin v Wingcrown Investment [2024] SGHC 314 about?
In [2024] SGHC 314, Kwek Mean Luck J heard the Purchasers' appeal against an Assistant Registrar's assessment of $95,178.31 in damages payable to Wingcrown Investment Pte Ltd, arising from two failed attempts to buy a unit at The Crest after a sale agreement entered on 28 December 2015.
What grounds of appeal were raised in Li Jialin v Wingcrown Investment?
Per [2024] SGHC 314, the Purchasers argued the Assistant Registrar failed to credit a $357,000 option fee retained by Wingcrown as required by Condition 15.10 of the Law Society's Conditions of Sale 2012, and failed to account for gains made from Wingcrown's mitigatory steps after the breaches.
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Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2024] SGHC 314)