Teo Teo Lee v Top Chance Properties: Specific Performance & Breach of Contract in Property Sale

In Teo Teo Lee and Ang Siew Joo v Top Chance Properties Pte Ltd, the Singapore High Court addressed a vendor's summons regarding a property sale dispute. The plaintiffs, Teo Teo Lee and Ang Siew Joo, sought specific performance after the defendant, Top Chance Properties Pte Ltd, refused to complete the purchase of a HDB shophouse due to an alleged breach of contract related to the existing tenancy. The court, presided over by Justice Choo Han Teck, granted the plaintiffs leave to withdraw the summons, finding that the defendant had no valid basis to refuse completion and was therefore in breach of contract.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Leave granted to the plaintiffs to withdraw the summons; the court found the defendant had no basis not to complete the sale.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court addressed a dispute over a property sale where the purchaser refused to complete, alleging breach of contract due to a tenant's premature termination.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Teo Teo LeePlaintiffIndividualLeave to withdraw summons grantedNeutral
Ang Siew JooPlaintiffIndividualLeave to withdraw summons grantedNeutral
Top Chance Properties Pte LtdDefendantCorporationApplication to withdraw summons granted; costs awarded to defendantLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Joan Lim Pheck HoonChan Kam Foo and Associates
Chan Wei MengDrew and Napier LLC
Sham SabnaniDrew and Napier LLC

4. Facts

  1. Plaintiffs granted an option to purchase to Chua Hian Hee and/or his nominee.
  2. Chua was the agent of the defendant, Top Chance Properties Pte Ltd.
  3. The property was sold subject to an existing tenancy with GK Departmental Store.
  4. The tenant defaulted on rent and indicated an intention to terminate the tenancy prematurely.
  5. The defendant alleged breach of contract due to the tenant's intention to terminate.
  6. The defendant refused to complete the purchase, seeking a refund of the deposit.

5. Formal Citations

  1. Teo Teo Lee and Another v Top Chance Properties Pte Ltd, OS 1349/2004, [2004] SGHC 272

6. Timeline

DateEvent
Option to purchase granted to Chua Hian Hee and/or his nominee
Option exercised by the defendant
Tenant defaulted in payment of rent for September
Plaintiffs' solicitors served a letter of demand on the tenant
Plaintiffs' solicitors notified the defendant's solicitors of the tenant's intention to terminate the tenancy
Defendant alleged breach of contract and asked for a refund of the deposit
Plaintiffs' solicitors rendered completion accounts to the defendant's solicitors
Plaintiffs sent a reminder to the defendant
Plaintiffs gave notice to complete to the defendant
Summons came up for hearing
Decision date

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found that the defendant was in breach of contract for failing to complete the sale.
    • Category: Substantive
    • Sub-Issues:
      • Failure to complete sale
      • Breach of warranty
  2. Specific Performance
    • Outcome: The court did not order specific performance as the plaintiffs withdrew the summons.
    • Category: Substantive

8. Remedies Sought

  1. Specific Performance
  2. Forfeiture of Deposit
  3. Damages

9. Cause of Actions

  • Breach of Contract
  • Specific Performance

10. Practice Areas

  • Real Estate Litigation
  • Commercial Litigation

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chen Con-Ling Tony v Quay Properties Pte LtdN/AYes[2004] 2 SLR 181SingaporeCited regarding the prudence of seeking consent for premature termination of a tenancy, although distinguished on the facts.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Option to Purchase
  • Tenancy Agreement
  • Premature Termination
  • Statutory Notice to Complete
  • Vendor's Summons
  • Completion
  • Breach of Warranty

15.2 Keywords

  • property sale
  • breach of contract
  • specific performance
  • tenancy agreement
  • vendor's summons

17. Areas of Law

Area NameRelevance Score
Sale of Land80
Real Estate75
Tenancy Agreement70
Contract Law65
Property Law60

16. Subjects

  • Contract Law
  • Property Law
  • Land Sale
  • Tenancy Agreements