The Singaporean Court of Appeal on Proprietary Estoppel Remedies

(2019) 135 Law Quarterly Review 540

U of Melbourne Legal Studies Research Paper No. 849

8 Pages Posted: 21 Jun 2019 Last revised: 22 Oct 2019

See all articles by Ying Khai Liew

Ying Khai Liew

University of Melbourne - Melbourne Law School

Date Written: June 4, 2019

Abstract

There remains much controversy as to what the remedial approach in proprietary estoppel should be, both in English law and in Singapore. Should the starting point be the fulfilment of expectations, or compensation for detriment? The recent Singaporean Court of Appeal case of Low Heng Leon Andy v Low Kian Beng Lawrence (administrator of the estate of Tan Ah Kng, deceased) [2018] 2 SLR 799 suggests that the choice of remedial approach need not be resolved as a matter of law; it may be sufficient to leave the choice to claimants. This case note provides a critique of -- and ultimately rejects -- that suggestion.

Keywords: Proprietary Estoppel, Singapore, Remedies

JEL Classification: K10, K11, K19

Suggested Citation

Liew, Ying Khai, The Singaporean Court of Appeal on Proprietary Estoppel Remedies (June 4, 2019). (2019) 135 Law Quarterly Review 540, U of Melbourne Legal Studies Research Paper No. 849, Available at SSRN: https://ssrn.com/abstract=3398910

Ying Khai Liew (Contact Author)

University of Melbourne - Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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