Andiappan Vijayakumar v Chartered World Academy: Injunction Dispute over Tenancy Agreement

In a dispute between Andiappan Vijayakumar (trading as Siga Solutions) and Chartered World Academy Pte Ltd, the High Court of Singapore, presided over by Steven Chong JC, addressed an application to set aside an interim injunction. The injunction, initially obtained ex parte by Vijayakumar, prevented Chartered World Academy from disrupting utility services to a property sublet to Vijayakumar. After a consent order was recorded with agreed terms, Vijayakumar sought clarifications, which the court rejected, reaffirming the consent order. The court held that the proper procedure to set aside a consent order is by commencing new proceedings.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Consent Order made on 24 December 2009 was to stand.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Dispute over a tenancy agreement and an injunction to prevent disruption of utilities. The court upheld the consent order for the injunction.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Andiappan Vijayakumar (trading as Siga Solutions)PlaintiffIndividualConsent Order to standLost
Chartered World Academy Pte LtdDefendantCorporationConsent Order to standWon

3. Judges

Judge NameTitleDelivered Judgment
Steven ChongJCYes

4. Counsels

Counsel NameOrganization
Udeh Kumar s/o SethurajuS K Kumar & Associates
Krishna MorthyS K Kumar & Associates
Jonathan TanMok & Tan
Mok Chin TeeMok & Tan

4. Facts

  1. The defendant was the head tenant of the premises.
  2. The defendant entered into a tenancy agreement with the plaintiff to sublet the premises.
  3. A dispute arose between the parties regarding late payment of rent and assistance with submitting new plans to the BCA.
  4. The defendant threatened to terminate the Tenancy Agreement and cut off the supply of electricity, water and power supply.
  5. The plaintiff applied for an ex-parte injunction to prevent the defendant from disrupting the supply.
  6. The defendant applied to have the injunction set aside.
  7. The parties reached an agreement and the court recorded a consent order for the interim injunction to continue subject to agreed terms.

5. Formal Citations

  1. Andiappan Vijayakumar (trading as Siga Solutions) v Chartered World Academy Pte Ltd, Suit No 1046 of 2009 (Summons No 6464/2009), [2010] SGHC 49

6. Timeline

DateEvent
Tenancy Agreement signed
Ultimatum issued to the plaintiff
Plaintiff applied for an ex-parte injunction
Injunction granted
Hearing on application to set aside the Injunction
Consent Order recorded
Plaintiff requested clarification on the Consent Order
Hearing on plaintiff's application for clarification
Plaintiff filed a notice of appeal against the Consent Order
Decision Date

7. Legal Issues

  1. Setting aside a consent order
    • Outcome: The court held that the proper procedure to set aside a consent order is by commencing new proceedings.
    • Category: Procedural
    • Related Cases:
      • [1999] 1 SLR(R) 252

8. Remedies Sought

  1. Injunction

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Wiltopps (Asia) Ltd v Drew & Napier and anotherN/AYes[1999] 1 SLR(R) 252SingaporeCited for the principle that the proper procedure to set aside a consent order is by commencing new proceedings.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Tenancy Agreement
  • Interim Injunction
  • Consent Order
  • Arrears of Rental
  • Building and Construction Authority
  • Foreign Workers

15.2 Keywords

  • tenancy agreement
  • injunction
  • consent order
  • rental dispute
  • foreign workers

17. Areas of Law

Area NameRelevance Score
Landlord and Tenant Law85
Contract Law75
Injunctions60
Consent Order50

16. Subjects

  • Contract Dispute
  • Injunctions
  • Civil Litigation