SINGAPORE Law and Practice Contributed by: Benedict Teo, Kelvin Tan, Kong Man Er and Shumin Lin, Drew & Napier LLC
9. Damages and Judgment 9.1 Awards Available to the Successful Litigant Other than damages, the courts may grant other forms of relief, such as injunctions, specific performance and declaratory relief. The courts also have the discretion to grant orders for costs, which are usually awarded to the successful litigant. 9.2 Rules Regarding Damages Contractual damages aim to place the claimant in the same position as if the contract had been performed. As a general rule, punitive damages will not be award- ed for breaches of contract, though the courts have not foreclosed such a possibility in a truly excep- tional case involving a particularly outrageous type of breach. Tortious damages seek to restore the claimant to the position that it would have been in had the tort not been committed. Aggravated damages may be war- ranted where a claimant had suffered enhanced hurt due to the manner in which the defendant had com- mitted the tort or the defendant’s motive in doing so. Furthermore, punitive damages may be awarded if the defendant displays outrageous conduct. That said, in practice, aggravated or punitive damages are only awarded in exceptional cases. Subject to, among other things, the Unfair Contract Terms Act 1977 under which certain exclusion claus- es will be unenforceable if they are unreasonable, an aggrieved party’s right to contractual or tortious dam- ages may be excluded or limited by contract. 9.3 Pre-Judgment and Post-Judgment Interest The courts may award pre-judgment interest for the period between the date when the cause of action arose and the date of the judgment. While the courts may award interest at a different rate, the current default pre-judgment interest rate is 5.33% per annum. Post-judgment interest is generally payable and is cal- culated from the date of judgment to the date that the judgment is satisfied. The interest payable is based on
the parties’ agreement or, if there is no agreement on interest, simple interest is charged at 5.33% per year. 9.4 Enforcement Mechanisms of a Domestic Judgment A judgment creditor may apply for an enforcement order to enforce one or more court orders. An enforce- ment order may authorise the Sheriff to do one or more of the following: • in respect of an enforcement order for seizure and sale of property, to seize and sell all property belonging to the enforcement respondent; • in respect of an enforcement order for the delivery or possession of property, to seize and deliver or give possession of property in the possession or control of the enforcement respondent; • in respect of an enforcement order for attach- ment of a debt, to attach a debt that is due to the enforcement respondent from any non-party, whether immediately or at some future date or at certain intervals in the future; and • to do anything specified in the court order. The enforcement applicant may apply to the court by summons without notice for an enforcement order no earlier than three days after the court order has been served on the enforcement respondent. The sum- mons must be supported by an affidavit containing the information set out in Order 22 Rule 2 (4) of the ROC. Where multiple methods of enforcement are sought, the enforcement applicant should state whether the Sheriff is to enforce them in any particular sequence or whether all or some methods are to be enforced simultaneously. If no such sequence is indicated, the Sheriff may carry out the terms in any order, at the Sheriff’s discretion. An enforcement order is valid for 12 months, and may be extended by the court for a period of 12 months if the application is made before the enforcement order would have expired. An enforcement applicant may also apply for the enforcement respondent to be examined, to deter- mine what property the enforcement respondent has and where it is situated. A judgment creditor may obtain a post-judgment injunction to prohibit the disposal of assets as an aid
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