Court ups payout for man evicted from granny's flat
A man said he gave up a full-time job and cared for his ailing grandmother after she promised he could live in her flat, but he 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 lifelong licence to live in the five-room Housing Board flat in Hougang.
He initially won $84,000 but appealed all the way to the highest court in the land, which raised 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.
The court 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 at the centre of 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 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 Madam Tan from 2005 until her death in 2008.
As she 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 as administrator of the estate.
Mr 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 then 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, value ought to be ascribed to the "non-financial" detriment he suffered.
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