Punitive Damages Awarded for Breach of Contract

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1 Punitive Damages Awarded for Breach of Contract Introduction Ordinarily, damages for breach of contract are compensatory in nature. However, certain jurisdictions have recognised the concept of punitive damages for breach of contract, where the breach is so oppressive that additional damages are awarded as a form of punishment. In the recent case of Airtrust (Hong Kong) Ltd v PH Hydraulics & Engineering Pte Ltd [2015] SGHC 307, the Singapore High Court confirmed that punitive damages are in fact available for breach of contract in Singapore law. The Plaintiff in this matter was successfully represented by Tan Chuan Thye S.C., Avinash Pradhan and Alyssa Leong of Rajah & Tann Singapore LLP. Punitive Damages The Plaintiff had purchased a 300 tonne reel drive unit ( RDU ) from the Defendant for offshore use. However, there was a major failure of the RDU, and after considering evidence from the expert witnesses, the High Court found that the RDU suffered from major manufacturing and design defects at the time of delivery. On existing case law, there would have only been an award of compensatory damages, which are geared towards compensating the Plaintiff for the losses incurred as a result of the Defendant s breach of contract. However, due to the severity of the breach, the Plaintiff further sought punitive damages against the Defendant. The High Court granted the Plaintiff s application. While a previous Court of Appeal had remained open to the possibility of punitive damages for breach of contract, this is the first instance in which a Singapore court has actually made such an award. It should be noted that punitive damages are only awarded in exceptional cases for malicious, oppressive and high-handed misconduct that represents a marked departure from ordinary standards of decent behaviour. Punitive damages are aimed at imposing a form of retribution on the defendant, deterring similar misconduct, and to mark the community s denunciation of such behaviour. If compensatory damages are insufficient to achieve these objectives, punitive damages may be imposed. On the facts of the case, the High Court found that the Defendant s overall conduct was sufficiently reprehensible and outrageous to warrant punitive damages. (i) (ii) (iii) The Defendant had copied an untested RDU design, and had modified it for the Plaintiff s requirements without comprehensive engineering calculations. The Defendant was aware of the RDU s structural failing, but had fraudulently misled the certification agency by falsifying its structural submissions so as to make the design pass. The Defendant installed defective and substandard parts without checking on their quality. The Defendant s blatant disregard of its contractual obligation to design and construct an RDU that was satisfactory in quality and fit for its purpose, and its fraudulent and deliberate misconduct led to the High Court ordering that punitive damages be assessed. 1

2 Concluding Words This decision marks a significant step in the development of Singapore contract law. It is a recognition of the need, in certain cases, for punitive damages to deal with exceptional breaches of contract. The question of what quantum of damages is sufficient for punitive damages is new in the Singapore context. The legal community will be eagerly watching the assessment of damages in this matter to see what factors and guidelines and considered by the court. Parties wishing to consult on damages, breach of contract or other related matters may contact our team below. 2

3 Contacts Tan Chuan Thye S.C Partner D (65) F (65) chuan.thye.tan@rajahtann.com Avinash Pradhan Partner D (65) F (65) avinash.pradhan@rajahtann.com Please feel free to also contact Knowledge and Risk Management at eoasis@rajahtann.com ASEAN Economic Community Portal Ahead of the launch of the ASEAN Economic Community ( AEC ) in December this year, businesses looking to tap the opportunities presented by the integrated markets of the AEC can now get help a click away. Rajah & Tann Asia, United Overseas Bank and RSM Chio Lim Stone Forest, have teamed up to launch Business in ASEAN, a portal that provides companies with a single platform that helps businesses navigate the complexities of setting up operations in ASEAN. By tapping into the professional knowledge and resources of the three organisations through this portal, small- and medium-sized enterprises across the 10-member economic grouping can equip themselves with the tools and knowhow to navigate ASEAN s business landscape. Of particular interest to businesses is the "Ask a Question" feature of the portal which enables companies to pose questions to the three organisations which have an extensive network in the region. The portal can be accessed at 3

4 Our regional presence Our regional contacts RAJAH & TANN Singapore RAJAH & TANN REPRESENTATIVE OFFICE China Rajah & Tann Singapore LLP 9 Battery Road #25-01 Straits Trading Building Singapore T F sg.rajahtannasia.com Rajah & Tann Singapore LLP Shanghai Representative Office Unit , Shui On Plaza, 333 Huai Hai Middle Road Shanghai , People's Republic of China T F cn.rajahtannasia.com R&T SOK & HENG Cambodia RAJAH & TANN NK LEGAL Myanmar R&T Sok & Heng Law Office Vattanac Capital Office Tower, Level 17, No. 66 Preah Monivong Boulevard, Sangkat Wat Phnom Khan Daun Penh, Phnom Penh, Cambodia T / 113 F kh.rajahtannasia.com *in association with Rajah & Tann Singapore LLP Rajah & Tann NK Legal Myanmar Company Limited Office Suite 007, Inya Lake Hotel No. 37, Kaba Aye Pagoda Road, Mayangone Township, Yangon, Myanmar T / / F mm.rajahtannasia.com 4

5 ASSEGAF HAMZAH & PARTNERS Indonesia RAJAH & TANN Thailand Assegaf Hamzah & Partners Menara Rajawali 16th Floor Jalan DR. Ide Anak Agung Gde Agung Lot #5.1 Kawasan Mega Kuningan, Jakarta 12950, Indonesia T F * Assegaf Hamzah & Partners is an independent law firm in Indonesia and a member of the Rajah & Tann Asia network. Rajah & Tann (Thailand) Limited 973 President Tower, 12th Floor, Units 12A-12F Ploenchit Road, Lumpini, Pathumwan Bangkok 10330, Thailand T F th.rajahtannasia.com RAJAH & TANN Lao PDR RAJAH & TANN LCT LAWYERS Vietnam Rajah & Tann (Laos) Sole Co., Ltd. Phonexay Village, 23 Singha Road, House Number 046/2 Unit 4, Saysettha District, Vientiane Capital, Lao PDR T F la.rajahtannasia.com Rajah & Tann LCT Lawyers Ho Chi Minh City Office Saigon Centre, Level 13, Unit 2&3 65 Le Loi Boulevard, District 1, HCMC, Vietnam T / F CHRISTOPHER & LEE ONG Malaysia Hanoi Office Lotte Center Hanoi - East Tower, Level 30, Unit 3003, 54 Lieu Giai St., Ba Dinh Dist., Hanoi, Vietnam Christopher & Lee Ong Level 22, Axiata Tower, No. 9 Jalan Stesen Sentral 5, Kuala Lumpur Sentral, Kuala Lumpur, Malaysia T F *in association with Rajah & Tann Singapore LLP T F Rajah & Tann Singapore LLP is one of the largest full service law firms in Singapore, providing high quality advice to an impressive list of clients. We place strong emphasis on promptness, accessibility and reliability in dealing with clients. At the same time, the firm strives towards a practical yet creative approach in dealing with business and commercial problems. As the Singapore member firm of the Lex Mundi Network, we are able to offer access to excellent legal expertise in more than 100 countries. Rajah & Tann Singapore LLP is part of Rajah & Tann Asia, a network of local law firms in Singapore, China, Lao PDR, Vietnam, Thailand and Myanmar, as well as associate and affiliate offices in Malaysia, Cambodia, Indonesia and the Middle East. Our Asian network also includes regional desks focused on Japan and South Asia. The contents of this Update are owned by Rajah & Tann Singapore LLP and subject to copyright protection under the laws of Singapore and, through international treaties, other countries. No part of this Update may be reproduced, licensed, sold, published, transmitted, modified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transiently for any purpose save as permitted herein) without the prior written permission of Rajah & Tann Singapore LLP. Please note also that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice for any particular course of action as such information may not suit your specific business and operational requirements. It is to your advantage to seek legal advice for your specific situation. In this regard, you may call the lawyer you normally deal with in Rajah & Tann Singapore LLP or Knowledge & Risk Management at eoasis@rajahtann.com. 5

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