CA/CA 26/2020 was an appeal from the High Court decision in Smoothlink Worldwide Services Pte Ltd v Regional Marine & Engineering Services Pte Ltd and another suit [2020] SGHC 94. This case involves claims of misrepresentation and breach of contract in the context of the sale of drilling rigs on an “as is” basis, and the application of well-established contractual principles such as the contra proferentem rule, rectification, proof of loss and implied condition under the Sale of Goods Act. Notably, the Court of Appeal affirmed that an “as is basis” clause in contracts of sale and purchase refers to taking the goods in their then existing condition, including their weights, despite the Defendant-Appellant’s contention that the “as is basis” clause is not all-encompassing and did not include the weight of the rigs.
Partner Yasmeen J. Marican and Associate Lloyd Tan, supported by Trainee Kushal Atul Shah, successfully acted for the Plaintiff in both the High Court and Court of Appeal proceedings.
Read the full article here.
For further information, please contact:
Yasmeen J. Marican
Partner, Restructuring and Insolvency
YasmeenJMarican@harryelias.com
+65 6361 9813
Lloyd Tan
Legal Associate
+65 6361 9809
Supporting team member
Kushal Atul Shah
Trainee