Justice Andrew Phang As Judge of Appeal

Just after learning about the death of Justice Lai Kew Chai, I then heard about the elevation of Justice Andrew Phang to the Court of Appeal. That is a climb at breath taking speed. Congrats to him.

I just read Justice Phang's decision in Emjay Enterprises Pte Ltd v Skylift Consolidator. The reason why this case is interesting - Prof Coote's classic work "Exception Clauses" (Sweet & Maxwell, 1964) was cited. Prof Coote's analysis on exception clauses, notwithstanding its age, is still relevant in today's jurisprudence.

Coming back to Emjay v Skylift, the case concerns a limitation of liability clause. The issue is whether such a clause can be raised when dealing with assessment of damages (after interlocutory judgment has been entered), if it has not been raised earlier in pleadings.

Justice Phang held "No". He said "In any event, the consideration of a limitation of liability clause seems to me to be a logically prior inquiry to that of the assessment of damages. If so, then, as I have just mentioned, such a clause deals, in the final analysis, with the issue of liability, and not the quantum of damages."