Lim Cheng Liang v 33 Boat Quay: Vendor-Purchaser Dispute over Property Sale & Tenancy

In Lim Cheng Liang and Another v 33 Boat Quay Pte Ltd and Another, the High Court of Singapore heard a vendor-purchaser summons regarding the sale of properties at 33 and 34 Boat Quay. The plaintiffs, Lim Cheng Liang and Lim Siew Lun, sought a declaration that they were not obliged to pay an additional $100,000 for each property. The dispute arose from conflicting clauses in an earlier agreement and the subsequent sale and purchase agreements regarding existing tenancies. The court ruled in favor of the plaintiffs, holding that the sale and purchase agreements were operative and the defendants were not entitled to the additional sum.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiffs

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Vendor-purchaser dispute over the sale of properties at 33 and 34 Boat Quay. The court ruled in favor of the purchasers, holding they were not obliged to pay an additional $100,000 per property.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lim Cheng LiangPlaintiffIndividualJudgment for PlaintiffWon
Lim Siew LunPlaintiffIndividualJudgment for PlaintiffWon
33 Boat Quay Pte LtdDefendantCorporationClaim DismissedLost
34 Boat Quay Pte LtdDefendantCorporationClaim DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Kesavan NairDavid Lim & Partners
Kevin Kwek Yiu WingLegal Solutions LLC

4. Facts

  1. Plaintiffs and Chou signed an agreement on 18 October 2006 for the sale of two properties.
  2. The agreement stipulated an additional $100,000 payment if the sales were 'not subject to the existing tenancy'.
  3. Sale and purchase agreements were executed on the same day between the plaintiffs and the defendants.
  4. Clause 13 of the sale and purchase agreements stated that if vacant possession was delivered, the purchaser would pay an additional $100,000.
  5. The properties were initially tenanted by V 4X Joint Venture, with the tenancy commencing on 1 January 2005.
  6. The sale and purchase of the properties were completed on 31 December 2006 without vacant possession.

5. Formal Citations

  1. Lim Cheng Liang and Another v 33 Boat Quay Pte Ltd and Another, OS 519/2007, [2007] SGHC 125

6. Timeline

DateEvent
Tenancy Agreement dated
Tenancy commenced
V 4X Joint Venture became a sole proprietorship of Patrician Holdings Pte Ltd
V 4X Joint Venture Pte Ltd incorporated
V 4X Joint Venture business terminated
Earlier agreement signed
Sale and purchase agreements executed
Notice to quit served on V 4X Joint Venture Pte Ltd
V 4X Joint Venture Pte Ltd denied allegation
Sale and purchase of properties completed
Judgment issued

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court held that the sale and purchase agreements were operative and the defendants were not entitled to the additional sum.
    • Category: Substantive
    • Sub-Issues:
      • Interpretation of contract clauses
      • Conflicting contract terms

8. Remedies Sought

  1. Declaration that plaintiffs were not obliged to pay the additional sum

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation
  • Real Estate Law

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Vendor-purchaser
  • Vacant possession
  • Tenancy agreement
  • Sale and purchase agreement
  • Existing tenancy

15.2 Keywords

  • vendor
  • purchaser
  • tenancy
  • property
  • contract

17. Areas of Law

Area NameRelevance Score
Contract Law80
Real Estate70
Vendor Purchaser70
Conveyance60

16. Subjects

  • Contract Dispute
  • Property Sale
  • Tenancy