|Litigation & ArbitrationLawyers|
Litigation & Arbitration
+65 6885 3621
Successfully acted for Pacific Rover Pte Ltd in this landmark case on easements. For the first time, the Singapore Court of Appeal has decided that a land owner may realign a right of way under certain circumstances (reported at  4 SLR(R) 951). The Court of Appeal affirmed the decision by the High Court to grant an anti-suit declaration sought by the land owner, Pacific Rover (reported at  2 SLR(R) 1148). In this case, the land owner wanted to realign a right of way so as to maximise its development. The dominant tenement refused to agree or consent to the realignment. Both the High Court and the Court of Appeal declared that the dominant tenement had no right to injunctive relief against the land owner over the proposed realignment of the right of way under the circumstances of the case and the land owner was allowed to proceed to realign the right of way despite the dominant tenement's objections.
Successfully acted for Cove Development Pte Ltd (the Landlord) in a highly publicised case against Ideal Accommodation (Singapore) Pte Ltd (the Tenant). The Landlord had leased 171 units in the development known as the Grangeford to the Tenant. The Tenant then unlawfully sub-partitioned and sub-leased these units out to various other individual sub-tenants. The Landlord terminated the lease on the grounds of the Tenant's breach of contract but the Tenant failed to deliver vacant possession of the premises to the Landlord. In a landmark ruling, the Court allowed the Landlord's application for possession of the demised premises on basis that the Tenant had implicitly admitted that it was not entitled to possession of the demised premises ( SGHC 167). The Landlord subsequently obtained final judgment against the Tenant for over S$9 million.
Acted for HSBC Institutional Trust Services (Singapore) Limited in its claim against its tenant for breach of contract. Successfully recovered possession of the whole building known as LabOne, 13 International Business Park from the tenant.
Successfully acted for the majority owners of Oakswood Heights in the collective sale of the development for S$132 million to UOL Development Ptd Ltd. The Strata Titles Board has granted its approval for the collective sale of Oakswood Heights after a 3 day hearing. In a landmark ruling, the Strata Titles Board ordered the minority objecting owners to pay the majority owners costs of the proceedings fixed at S$49,000 ( SGSTB 6).
Acted for an individual client who was appointed the sole executor and beneficiary of his late father's will. The patriarch had died leaving behind his widow and eight children. The case involved the doctrine of secret trusts and the trial lasted for 40 days. The case is reported at  SGHC 200 and  3 SLR(R) 1079.
Successfully acted for the majority owners of Flamingo Valley in the collective sale of the development for S$194 million to FCL Estates Pte Ltd. The Strata Titles Board has granted its approval for the collective sale of Flamingo Valley after a 5 day hearing ( SGSTB 5).
Acted for a UK franchisor in an action against its Singapore franchisee in a dispute relating to the termination of the franchise agreement. Successfully obtained an injunction closing down all of the franchisee's business outlets in Singapore.
Acted for a developer in an arbitration commenced by a main contractor for damages for breach of contract (main contractor claimed that the developer had unlawfully terminated their employment). The developer counterclaimed against the main contractor for damages suffered as a result of the main contractor's failure to complete the development on time. The case was document intensive and involved the issue of whether the main contractor was entitled to extensions of time to complete the construction works, as well as which party was responsible for causing the delay. The arbitration went on for 44 days and lasted over 14 months.
Acted for an ex-CEO of a company in a claim brought by the company against the ex-CEO for breach of fiduciary duties, breach of employment contract, conspiracy to injure and unlawful interference. The case also involved the question of the validity of restrictive covenants in the employment contract and the High Court trial lasted 12 days.
Acted for an individual client in a case where the client's son claimed that the natural father had sexually abused him.
Successfully acted for an individual tenant in a claim brought by the landlord to recover rental in arrears. The tenant held back the rent in view of the landlord's failure to rectify defects at the rented premises. Successfully defended the claim in the High Court (reported at  2 SLR(R) 292) and in the Court of Appeal (reported at  3 SLR(R) 563). This is a landmark case where the Court of Appeal held despite the tenant's express covenant to pay rent without deduction, the tenant was nevertheless entitled in equity to set off rentals due and owing to a landlord against the tenant's claim for breach of contract by the landlord, including a claim for un-liquidated damages suffered by the tenant.