Macly Assets v Loke Yew Kong: Breach of Contract and Renovation Dispute
Macly Assets Pte Ltd, the developer of Thomson V Two condominium, sued Loke Yew Kong Andrew and another, the subsidiary proprietors of a residential unit, for breach of contract due to unauthorized alterations (timber decks) to their unit. Macly Assets claimed damages for the delay in obtaining the Certificate of Statutory Completion (CSC). The High Court of Singapore, presided over by Justice Lee Seiu Kin, dismissed Macly Assets' claim, finding that the developer had given written consent for the alterations and was estopped from denying it. The counterclaim by Loke Yew Kong Andrew and another was also dismissed.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's claim dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Condominium developer Macly Assets sues Loke Yew Kong for breach of contract due to unapproved renovations. The court dismissed the claim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Macly Assets Pte Ltd | Plaintiff | Corporation | Claim Dismissed | Dismissed | |
| Loke Yew Kong Andrew | Defendant | Individual | Counterclaim Dismissed | Dismissed |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
4. Facts
- The plaintiff is the developer of the condominium known as Thomson V Two.
- The defendants are the subsidiary proprietors of one of the residential units in the Development.
- The defendants purchased the unit from the plaintiff by way of a sale and purchase agreement dated 8 May 2007.
- The defendants constructed two timber decks with a total area of about 14 square metres.
- The plaintiff claimed that the construction of the Timber Decks had caused the delay in the issuance of the CSC.
- The first defendant had pointed out to Building and Construction Authority that there were similar timber decks in other units in the Development.
5. Formal Citations
- Macly Assets Pte Ltd v Loke Yew Kong Andrew and another, Suit No 439 of 2013, [2014] SGHC 145
6. Timeline
| Date | Event |
|---|---|
| Sale and purchase agreement signed. | |
| Temporary occupation permit granted. | |
| Notice of vacant possession issued. | |
| Application form for additions & alteration works handed to management office. | |
| Timber Decks completed. | |
| Building and Construction Authority officers inspected the defects. | |
| Plaintiff's solicitors sent a letter regarding the certificate of statutory completion. | |
| Meeting at Building and Construction Authority. | |
| Plaintiff's solicitors wrote to the defendants stating that the 30-day period had lapsed. | |
| Architect certified that the Development was ready for the issuance of the CSC. | |
| Plaintiff filed the writ in this action. | |
| Urban Redevelopment Authority wrote to the defendants. | |
| Building and Construction Authority issued a demolition order. | |
| Building and Construction Authority issued a revised demolition order. | |
| Defendants carried out works to the Timber Decks. | |
| Demolition order was withdrawn. | |
| Building and Construction Authority issued demolition orders in respect of other units. | |
| Plaintiff obtained the Certificate of Statutory Completion. | |
| Judgment reserved. |
7. Legal Issues
- Breach of Contract
- Outcome: The court found that the plaintiff had given written consent for the alterations, thus there was no breach of contract.
- Category: Substantive
- Estoppel
- Outcome: The court held that the plaintiff was estopped from asserting that there was no written consent.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
- Indemnity
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Construction Law
- Commercial Litigation
11. Industries
- Construction
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
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
- Timber Decks
- Certificate of Statutory Completion
- Renovation Permit
- Loft Floors
- Storage Area
- Written Consent
15.2 Keywords
- breach of contract
- renovation
- condominium
- timber decks
- certificate of statutory completion
- estoppel
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Breach of Contract | 75 |
| Contract Law | 70 |
| Building and Construction Contracts | 65 |
| Construction Law | 60 |
| Renovation Contracts | 55 |
| Estoppel | 50 |
| Property Law | 40 |
| Mistake | 30 |
| Liquidated Damages | 25 |
16. Subjects
- Construction Dispute
- Contract Law
- Real Estate