Turf Club v Yeo

In One Step (Support) Ltd v Morris-Garner,1 the Supreme Court held that an award of Wrotham Park damages2 for breach of contract was compensatory, rather than restitutionary, in nature. The decision, unquestionably a seminal one, was offered a cautious reception by academic commentators. It has now been considered in detail by a Commonwealth court of final appeal. Interesting and valuable views on One Step were recently expressed by the Court of Appeal of Singapore in Turf Club Auto Emporium Pte Ltd v Yeo Boong Hua.3 Many will find something in the later judgment to capture their attention, from its insightful treatment of theoretical principles to the thoughtful formulation of a test of real application. Fascinating as the decision may be for its broader conceptual implications on other areas of the law of damages, this commentary instead explores some of the key points of judicial convergence and departure, focusing in particular on the test that was newly introduced and its possible paths of development in future cases in Singapore and elsewhere.