A man said he gave up a full-time job and cared for his ailing grandmother after she promised that he could live in her flat for as long as he wanted, but was evicted by his cousin after her death.
Mr Andy Low Heng Leon, 34, sued his grandmother's estate, seeking $420,000 as compensation for the loss of his life-long licence to live in the five-room HDB flat in Hougang. He won $84,000, but appealed all the way to the highest court in the land, which increased his award to $140,000.
In a judgment released yesterday, a two-judge Court of Appeal said the detriment suffered by Mr Low was more significant than the lower court had assessed it to be. It took into account the harm he suffered living in fear of contracting tuberculosis from his grandmother and the sacrifice of his social life while taking care of her.
The flat in the case was home for him and his immediate family for many years. The other family members later moved out. Mr Low, now a law lecturer, said his grandmother, Madam Tan Ah Kng, had promised that he was free to continue living there. He said he gave up a career as a financial planner to work from home as a tutor to take care of her from 2005 until her death in 2008.
As Madam Tan did not make a will, under intestacy laws, the flat went to her five surviving children. Mr Low was evicted in July 2009 by his cousin, Mr Lawrence Low Kian Beng, who was appointed administrator of the estate.
Mr Andy Low filed a suit to claim compensation from the estate, and was awarded $84,000 by an assistant registrar. He appealed to a High Court judge, who raised the sum to $100,000.
Represented by Mr Adrian Tan of August Law Corporation, Mr Low appealed further.
In assessing the appropriate quantum, the Court of Appeal first identified his loss as $1,500 a month, based on the rent he paid after he was evicted. This was multiplied by 10 years, considering his intention to live there until he was eligible to apply for public housing as a single at the age of 35. After arriving at the provisional figure of $180,000, Judges of Appeal Andrew Phang and Steven Chong reduced it to $140,000 to reflect the detriment he suffered.
The court said there was a lack of evidence regarding the full-time jobs he had allegedly forgone. However, some value ought to be ascribed to the "non-financial" detriment he suffered.
