Your Authoritative Source on Singapore Law

e-First

 

1 August 2025

The Fate of Proprietary Restitutionary Remedies in Singapore – Da Hui Shipping (Pte) Ltd v An Rong Shipping Pte Ltd [2024] SGHC 166; Ng Chee Tian v Ng Chee Pong [2025] 3 SLR 235 [Case Note]

Ryan Low

Published on e-First 1 August 2025

Abstract:
Can a proprietary restitutionary remedy be awarded in response to an unjust enrichment? In Da Hui Shipping (Pte) Ltd v An Rong Shipping Pte Ltd [2024] SGHC 166, the court ruled that proprietary subrogation may be available to reverse unjust enrichment if there was a proprietary base and evidence of unconscionability. In light of the rejection of proprietary remedies in unjust enrichment post‑Ng Chee Tian v Ng Chee Pong [2025] 3 SLR 235, this note argues that based on the approach it had taken and its divergence from English jurisprudence, the former case should be reinterpreted as classifying such proprietary restitutionary remedies as a case of vindication of property rights.