Sie Choon Poh v Amara Hotel: Landlord's Repair Covenant Breach & Negligence Defense

In Sie Choon Poh trading as Image Galaxy v Amara Hotel Properties Pte Ltd, the High Court of Singapore ruled in favor of the plaintiff, Sie Choon Poh, finding that Amara Hotel Properties Pte Ltd breached its covenant to repair under a lease agreement. The plaintiff's printing shop was damaged due to a water leak from a waste pipe. The court, presided over by Justice Lai Kew Chai, held that the defendants failed to properly plead negligence as a defense to invoke an exemption clause in the lease agreement. The court entered interlocutory judgment in favor of the plaintiff, ordering damages to be assessed by the Registrar and costs to be paid by the defendants.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Landlord breached repair covenant, leading to tenant's damages. Court found landlord failed to properly plead negligence to invoke exemption clause.

1.7 Decision Date

4 September 2003

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Sie Choon Poh trading as Image Galaxy	Plaintiff	Individual	Judgment for Plaintiff	Won	Navinder Singh
Amara Hotel Properties Pte Ltd	Defendant	Corporation	Claim Dismissed	Lost	Adeline Chong, Rajendran Kumarasan

3. Judges

Judge Name	Title	Delivered Judgment
Lai Kew Chai	Judge	Yes

4. Counsels

Counsel Name	Organization
Navinder Singh	Navin & Co
Adeline Chong	Harry Elias & Partnership
Rajendran Kumarasan	Harry Elias & Partnership

4. Facts

The plaintiff was a tenant of the defendant's shopping center.
The plaintiff operated a printing shop at the premises.
Waste water leaked into the premises from a pipe above the false ceiling.
The waste water damaged the plaintiff's equipment and assets.
The plaintiff re-delivered possession of the premises to the defendants.
The defendants sought arrears of rent and damages for early termination of the lease in a separate action.

5. Formal Citations

Sie Choon Poh trading as Image Galaxy v Amara Hotel Properties Pte Ltd, Suit 914/2002, [2003] SGHC 198

6. Timeline

Date	Event
1999-07-28	Lease agreement signed
2001-04-19	Waste water entered into the premises
2001-07-01	Plaintiff returned the keys of the premises to the defendants
2002-05-23	Writ of Summons filed in Subordinate Courts
2003-09-05	Judgment issued

7. Legal Issues

Breach of Covenant to Repair
- Outcome: The court found that the defendants were in breach of the covenant to repair.
- Category: Substantive
Negligence
- Outcome: The court found that the defendants failed to properly plead negligence to invoke the exemption clause.
- Category: Substantive
Pleadings
- Outcome: The court held that the defendants' failure to properly plead negligence precluded them from relying on the contractual defense of negligence.
- Category: Procedural

8. Remedies Sought

Monetary Damages

9. Cause of Actions

Breach of Contract

10. Practice Areas

Commercial Litigation
Landlord-Tenant Disputes

11. Industries

Hospitality
Retail

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Marina Centre Holdings Pte Ltd v Pars Carpet Gallery Pte Ltd	Court of Appeal	Yes	[1997] 3 SLR 625	Singapore	Cited regarding breach of covenant to repair and negligence, and the interpretation of exemption clauses in lease agreements.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

Lease Agreement
Covenant to Repair
Quiet Enjoyment
Exemption Clause
Negligence
Gross Negligence
Pleadings

15.2 Keywords

landlord
tenant
lease
repair
negligence
Singapore
High Court

16. Subjects

Landlord and Tenant
Contract Law
Civil Procedure

17. Areas of Law

Landlord and Tenant Law
Contract Law
Civil Procedure