Equitable Relief for Breach of Contract: Wisanggeni Lauw v Full Fledge Holdings Ltd [2005] SGCA 21

• Main Author: THAM, Chee Ho
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2006
• Subjects: Injunctions; Court decisions; Courts of appeals; Singapore; Asian Studies; Contracts; Courts
• Online Access: https://ink.library.smu.edu.sg/sol_research/883
• Institution: Singapore Management University

Although the Court of Appeal has previously provided judicial guidance on the grant of interim mandatory injunctions, it is remarkable that local authority on grants of final mandatory injunctions is almost non-existent. In relation to breaches of contractual obligations, this may be a matter of little note since the assistance of equity will be neither necessary nor sought given the adequacy of contractual damages as a remedy for most instances of breach. Nevertheless, in a series of unreported decisions, the High Court and the Court of Appeal may have made some rather surprising inroads into this small patch of wilderness in Singapore's legal landscape. Clarification as to when a court might feel it to be fair to issue equitable remedies such as a final mandatory injunction and how this novel pre-requisite fits in with current learning on restrictions upon exercise of its equitable jurisdiction would not be amiss.