In Thio Keng Thay v Sandy Island Pte Ltd [2022]
SGHC 69, the General Division of the High Court dealt with a range
of issues concerning claims for damages for defects.
This decision arose out of the earlier case of Thio Keng
Thay v Sandy Island Pte Ltd [2019] SGHC 175, where the Court
gave its decision on the issue of liability. The appeal against the
Court's decision on liability was dismissed in Sandy Island
Pte Ltd v Thio Keng Thay [2020] SGCA 86, and the present
decision is the decision on quantum of damages. While the present
decision does not raise new law, it nonetheless serves as a useful
refresher on some of the common issues surrounding claims for
damages for defects.
Mitigation and Defects Liability Clause. At [6]
– [9], the Court held that if a plaintiff fails to mitigate
its loss by availing itself of the defects liability clause in the
contract between the plaintiff and the defendant, then the
plaintiff cannot recover more than what it would have cost
