Ho Pak Kim Realty v Revitech: Construction Dispute over Kovan Primera Condominium
In a long-running dispute between Ho Pak Kim Realty Co Pte Ltd and Revitech Pte Ltd concerning the construction of the Kovan Primera condominium, the High Court heard appeals from both parties regarding the Assistant Registrar's assessment of damages. The plaintiff, Ho Pak Kim Realty, appealed against orders for a second hearing to assess damages for defective items and costs awarded to the defendant. The defendant, Revitech, appealed against the amounts awarded for back-charges, rectification costs, omission of warranties, and failure to honor the defects liability period. The court dismissed the plaintiff's appeal and allowed the defendant's appeal in part, increasing the damages awarded for back-charges, rectification costs, and omission of warranties.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Defendant's appeal allowed in part; Plaintiff's appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Construction dispute between Ho Pak Kim Realty and Revitech over the Kovan Primera condominium project. The court addressed assessment of damages for defective works and warranties.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Revitech Pte Ltd | Defendant, Appellant | Corporation | Appeal Allowed in Part | Partial | |
| Ho Pak Kim Realty Co Pte Ltd | Plaintiff, Respondent | Corporation | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Judge | Yes |
4. Counsels
4. Facts
- The plaintiff constructed a condominium for the defendant.
- Disputes arose between the parties regarding the scope of works and payment.
- The defendant claimed damages for defective construction and failure to provide warranties.
- The Assistant Registrar assessed damages, leading to appeals by both parties.
- The Court of Appeal previously varied an order related to defective construction.
- The plaintiff offered to pay $35,000 to the MCST for defects.
5. Formal Citations
- Ho Pak Kim Realty Co Pte Ltd v Revitech Pte Ltd, Suit No 36 of 2006 (Registrar's Appeals Nos 69 and 70 of 2012), [2013] SGHC 41
- Ho Pak Kim Realty Co Pte Ltd v Revitech Pte Ltd, , [2007] SGHC 194
- Ho Pak Kim Realty Co Pte Ltd v Revitech Pte Ltd, , [2010] SGHC 106
6. Timeline
| Date | Event |
|---|---|
| Suit filed (Suit No 36 of 2006) | |
| Judgment in Ho Pak Kim Realty Co Pte Ltd v Revitech Pte Ltd [2007] SGHC 194 | |
| Judgment in Ho Pak Kim Realty Co Pte Ltd v Revitech Pte Ltd [2010] SGHC 106 | |
| Plaintiff’s appeal dismissed by the Court of Appeal | |
| Assessment of damages conducted by an Assistant Registrar | |
| Assistant Registrar delivered judgment | |
| Assistant Registrar awarded costs of the assessment to the defendant | |
| Registrar's Appeals Nos 69 and 70 of 2012 | |
| Decision Date |
7. Legal Issues
- Assessment of Damages
- Outcome: The court addressed the proper assessment of damages, particularly concerning back-charges, rectification costs, and the failure to provide warranties and honor the defects liability period.
- Category: Procedural
- Sub-Issues:
- Double-counting of damages
- Substantiation of claims
- Breach of Contract
- Outcome: The court found breaches of contract related to the failure to provide warranties and honor the defects liability period.
- Category: Substantive
- Sub-Issues:
- Failure to provide warranties
- Failure to honor defects liability period
- Defective construction
- Duty of Care
- Outcome: The court considered the duty of care owed by the defendant to the management corporation and subsidiary proprietors.
- Category: Substantive
- Related Cases:
- [2004] 4 SLR(R) 129
8. Remedies Sought
- Monetary Damages
- Assessment of Damages
9. Cause of Actions
- Breach of Contract
- Defective Construction
10. Practice Areas
- Construction Disputes
- Commercial Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ho Pak Kim Realty Co Pte Ltd v Revitech Pte Ltd | High Court | Yes | [2007] SGHC 194 | Singapore | Determined the scope of works of the plaintiff for the project. |
| Ho Pak Kim Realty Co Pte Ltd v Revitech Pte Ltd | High Court | Yes | [2010] SGHC 106 | Singapore | Dealt with the merits of the plaintiff’s claim and the defendant’s counterclaim. |
| Mahtani v Kiaw Aik Hang Land Pte Ltd | Unknown | Yes | [1994] 2 SLR(R) 996 | Singapore | Cited for the principle that nominal damages may be awarded where a loss is proved but there is no evidence to determine the actual costs of rectification. |
| L&M Airconditioning & Refrigeration (Pte) Ltd v S A Shee & Co (Pte) Ltd | Unknown | Yes | [1993] 2 SLR(R) 346 | Singapore | Cited for the principle that nominal damages may be awarded where a loss is proved but there is no evidence to enable the court to determine or estimate the actual costs of rectification of defects. |
| Prosperland Pte Ltd v Civic Construction Pte Ltd | High Court | Yes | [2004] 4 SLR(R) 129 | Singapore | Cited for the principle that a developer can sue the main contractor even after ownership has passed to the management corporation and subsidiary proprietors. |
| RSP Architects Planners & Engineers v Ocean Front Pte Ltd | Unknown | Yes | [1995] 3 SLR(R) 653 | Singapore | Cited for extending the right to sue to the management council for the relevant development. |
| Poh Soon Kiat v Desert Palace Inc | Unknown | Yes | [2010] 1 SLR 1129 | Singapore | Cited regarding the assessment of expert testimony. |
| Chia Kok Leong & Anor v Prosperland Pte Ltd | Court of Appeal | Yes | [2005] 2 SLR(R) 484 | Singapore | Affirmed Prosperland Pte Ltd v Civic Construction Pte Ltd [2004] 4 SLR(R) 129. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| Building Management and Strata Management Act (Cap 30C, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Back-charges
- Rectification costs
- Defects liability period
- Warranties
- Assessment of damages
- Double-counting
- Interim certificates
- Maintenance crew
- Legal obligation
15.2 Keywords
- construction
- dispute
- damages
- warranties
- defects
- assessment
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Breach of Contract | 80 |
| Construction Law | 75 |
| Contract Law | 70 |
| Defective Works | 65 |
| Damages | 60 |
| Rectification Costs | 55 |
| Civil Procedure | 50 |
| Evidence | 40 |
| Scope of Works | 30 |
16. Subjects
- Construction Dispute
- Contract Law
- Civil Procedure