Case and Legislation Notes: Not Getting Lost in the 'Park': Wrotham Park Damages Demystified Turf Club Auto Emporium Pte Ltd v Yeo Boong Hua

Abstract

Since its incarnation in Wrotham Park Estate, the precise conceptual foundation and contours of negotiating damages have over the years remained somewhat obscure. Following the lead of the UK Supreme Court in One Step, the Herculean tasks of furnishing a sound theoretical rationalisation for and delineating the boundaries of negotiating damages were undertaken by the Singapore Court of Appeal in Turf Club. This note unpacks the Singapore case, places it in comparative context, and investigates the extent to which its judicial treatment on negotiating damages has departed from the doctrinal route prescribed by its English counterpart. From a comparative law perspective, the juxtaposition of Turf Club alongside One Step also helpfully illustrates the level of intellectual and analytical rigour that is exemplary for any jurisdiction aspiring to build up an autochthonous legal system.