Arowana Care Book

February 23, 2008

Conclusion to the arowana farm lawsuit?

Hi all,
On 16 October 2006, (yes a long time ago. :-)) I published a post on my blog about a lawsuit that took place then when an arowana farm in Singapore sued a construction company for $1M.

Please refer here - arowana lawsuit for the original story.

Here is the final chapter in the court case. (only the damages has not been decided by the courts yet.) Please refer to courts decide on arowana lawsuit for the full story.

If for any reason you cannot access that story, I have posted it in full below anyway.

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Feb 22, 2008 The Straits Times by Selina Lum

Appeal court tackles 'fish and chips' case
Contractor loses appeal over dead arowanas

A CASE about 'fish and chips' came before Singapore's highest court on Friday.
A construction firm was appealing against the decision of a lower court, which had found that it was liable for the deaths of 31 prized arowanas at a fish breeding farm.

When the firm's lawyer, in raising doubts about the number of dead fish, referred to the microchips implanted in the arowanas, an appeal judge quipped: 'It's a fishy case about fish and chips.'

At the end of the hearing, the Court of Appeal decided that the firm, Lian Shing Construction, was liable for one less fish.

The fish in question had died four months after the bulk of the arowanas perished. It had been sent, close to the death, to the Agri-Food and Veterinary Authority (AVA) for tests.

An autopsy found that it had chronic liver and kidney disease. Arowanas cost between $500 and $10,000 each depending on age, size and breed, say fish enthusiasts.

OTF Aquarium Farm's lawyer told the court on Friday that some fish can fetch as much as $70,000 each.

The saga began in 2002, when Lian Shing was subcontracted by the Public Utilities Board to carry out drainage works at an area bordering the farm at Pasir Ris Drive 12.

PUB had received feedback that the drainage reserve area was soggy and carried a risk of mosquito breeding. OTF breeds tropical fish for the domestic market as well as for export to China, Taiwan and Japan.

After the works started, the fish farm suffered flooding during heavy downpours. The floodwaters flowed into one of its fish ponds on a few occasions between Dec 2002 and Feb 2003.

A total of 42 arowanas in the pond died over the next six months.

In 2005, OTF sued Lian Shing for negligence, seeking damages for the 42 dead arowanas, loss of future income from breeding the fish, and repairs to the pond. It alleged that the construction firm?s works had caused the flooding.

The court, which also comprised Chief Justice Chan Sek Keong and Judge of Appeal Andrew Phang, dismissed the appeal. A separate hearing will be held months later to assess the damages.

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Please let me know your thoughts below here if any. Can't imagine if more ponds were polluted and more arowanas died! PAINFUL exercise!!!

Steven

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Comments on Conclusion to the arowana farm lawsuit? »

February 23, 2008

ahhian @ 9:32 pm

Hi Steven,

What a tragedy, but no one really expect this to happen. Lets hope that the pond will be repaired and that the court decide the firm will compensate the farm so that they'll recover from the loss and start their breeding as per normal asap! It's only fair…

Ahhian

Anthony C.H Soh @ 10:03 pm

I believe that if the construction company had done it's homework b4 commencing its job - all legal expenses in it's effort to avoid liability could have been avoided. One cannot put just blame to the weather or as the saying goes "an act of God" when another has incurred severe losses to its business assets, in this case the arowana fish, due to an uncaring disregard for any untoward results to it's neighbouring business premises whilst carrying out its duties. The aforementioned company must be made to pay justly for it's negligence and in future this would serve as a stern reminder to all other contractors that it would be wise to do the needful and be sensitive to all legal requirements and be absolutely responsible in it's undertakings - an concentrate not only to the profits to be reaped!

Tran Chi Tam @ 10:35 pm

Just a few moment to live!

February 25, 2008

Aleem @ 1:10 pm

Dear Steven

It's very painful to hear such a story. In my opinion, the contractor should indemnify/compensate the farm for the losses incurred.

Regards

A.Aleem

Junior @ 1:36 pm

Lucky enough the pond is build in SG,if some other country like… how to claim?

February 26, 2008

Steven @ 7:55 am

Junior,
Yes it would be a bit easier to do it in Singapore than some other countries. But having said that, I think this is a tough case as it is pretty circumstantial rather than solid prove. Well the fact that it took 3+ years shows the difficulty in this case. :-) Must have been very taxing on everyone.

Steven @ 8:03 am

Anthony,
I'm pretty neutral in this case. Playing devil's advocate here, if I'm doing construction work on a piece of land, what is deemed my responsibility at looking at my neigbour's property as well to ensure that it would not affect them? What precautions are deemed enough?

All I can say is, this is a very unfortunate incident. Could it have been avoided? I really don't know actually. This is a pretty unique case I guess.

March 22, 2008

dara @ 11:02 pm

Dear Steven
I want to make tank by my self for my gold fish
from Cambodia

March 23, 2008

Steven @ 12:09 am

Dara,
I'm not sure what you are asking? Can you elaborate. Thanks!

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