The Singaporean Court of Appeal on Proprietary Estoppel Remedies
(2019) 135 Law Quarterly Review 540
8 Pages Posted: 21 Jun 2019 Last revised: 22 Oct 2019
Date Written: June 4, 2019
Abstract
There remains much controversy as to what the remedial approach in proprietary estoppel should be, both in English law and in Singapore. Should the starting point be the fulfilment of expectations, or compensation for detriment? The recent Singaporean Court of Appeal case of Low Heng Leon Andy v Low Kian Beng Lawrence (administrator of the estate of Tan Ah Kng, deceased) [2018] 2 SLR 799 suggests that the choice of remedial approach need not be resolved as a matter of law; it may be sufficient to leave the choice to claimants. This case note provides a critique of -- and ultimately rejects -- that suggestion.
Keywords: Proprietary Estoppel, Singapore, Remedies
JEL Classification: K10, K11, K19
Suggested Citation: Suggested Citation