Real Estate Disputes
The real estate industry sees unique commercial and legal issues, alongside the already challenging operational and regulatory requirements faced by stakeholders. When navigating this landscape, clients often find themselves requiring advice on a multitude of legal issues and even representation in potential or ongoing legal proceedings. The diverse interests of various layers of stakeholders further highlights the need for timely and precise legal services.
Our experience includes advising developers / owners / landlords, financiers, management committees / managing agents, tenants, operators, contractors, agents, and brokers, for both contentious and non-contentious real estate matters. We have also represented clients in disputes relating to commercial, industrial, residential, and even integrated developments.
We practice regularly in various dispute resolution forums (e.g. litigation, arbitration, mediation), and are well equipped to pursue and/or defend our clients’ legal rights. This extends to both international and domestic real estate, which involves development of real estate, sale and purchase, financing and mortgage, as well as leasing.
Notable Briefs
Addition and alteration works were performed at the premises, which resulted in additional property taxes by the Singapore authorities that the landlord attempted to pass on to our client. We successfully negotiated for an amicable settlement with the landlord, which allowed our client to continue operating at the premises for the substantial remaining period of the lease.
The dispute relates to payment of additional energy-related charges that were not provided for in the lease agreement, which the landlord (who is part of a Hong Kong-listed group) tried to impose on our client. We successfully negotiated an amicable settlement with the landlord which also facilitated our client’s handover of the premises at conclusion of the lease.
We advised our client on aspects of the project which did not comply with the loan structure and purpose, which gave rise to our client’s rights to recover the loan extended. The matter is to proceed with the commencement of arbitration under the auspices of the SIAC shortly.
The proceedings were commenced in the Singapore High Court, and led to several appeals before the Singapore Courts which were all rules in our client’s favour (with the claim being struck out and the defence to counterclaim also being struck out). The appeals include a published Grounds of Decision in The Living Age Pte Ltd v Wee Boon Hock Winston and another [2024] SGDC 165.
Upon completion of the enforcement proceedings, we also obtained a bankruptcy order after the buyer refused to satisfy the debt arising under the New Zealand and Singapore judgments.
