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Litigation & ArbitrationLawyers |

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Partner
Litigation & Arbitration
ling.tienwah@rodyk.com
+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 [2009] 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 [2009] 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 ([2009] 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 ([2008] 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 [2007] SGHC 200 and [2009] 3 SLR(R) 1079.
