Alvin Nicholas Nathan v Raffles Assets: Breach of Tenancy Agreement & Damages Claim

In Alvin Nicholas Nathan v Raffles Assets (Singapore) Pte Ltd, the High Court of Singapore ruled in favor of Alvin Nicholas Nathan, finding that Raffles Assets breached a tenancy agreement. Nathan claimed damages for wasted renovation costs, relocation expenses, and lost business opportunities. The court awarded damages for wasted renovation costs and initial relocation expenses but dismissed claims for subsequent relocation costs and lost profits, deeming them too remote. The judgment was delivered by Justice Choo Han Teck on 20 January 2015.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for the plaintiff.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court ruled Raffles Assets breached a tenancy agreement with Alvin Nicholas Nathan, awarding damages for wasted renovation costs and relocation.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Alvin Nicholas NathanPlaintiffIndividualJudgment for the plaintiffWonGoh Aik Leng Mark, Lim Lian Fang Pearl, Aaron Nathan
Raffles Assets (Singapore) Pte LtdDefendantCorporationClaim DismissedLostSim Bock Eng, Quek Kian Teck, Jasmine Chan

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Goh Aik Leng MarkMG Chambers LLC
Lim Lian Fang PearlMG Chambers LLC
Aaron NathanMG Chambers LLC
Sim Bock EngWongPartnership LLP
Quek Kian TeckWongPartnership LLP
Jasmine ChanWongPartnership LLP

4. Facts

  1. Plaintiff signed a lease agreement with the landlord on 9 November 2010.
  2. The lease was for a term commencing from 15 December 2010 to 14 December 2012.
  3. The landlord assigned the lease to the defendant on 25 January 2011.
  4. The defendant informed the plaintiff that the premises would be renovated.
  5. The defendant offered compensation to vacate the premises, which the plaintiff declined.
  6. The defendant issued a notice of termination based on a clause in the lease.
  7. The plaintiff claimed damages for wasted costs, relocation expenses, and lost profits.

5. Formal Citations

  1. Alvin Nicholas Nathan v Raffles Assets (Singapore) Pte Ltd, Originating Summons No 91 of 2012, [2015] SGHC 14
  2. Alvin Nicholas Nathan v Raffles Assets (Singapore) Pte Ltd, Civil Appeal No 40 of 2015, [2016] SGCA 18

6. Timeline

DateEvent
Lease agreement signed
Lease term commenced
Plaintiff learned landlord assigned lease to defendant
Defendant informed plaintiff of renovations
Meeting regarding lease termination
Second offer made to plaintiff
Letter from defendant regarding termination
Plaintiff moved to interim premises
Surrender Date
Plaintiff moved to current premises
Original lease term ends
Judgment reserved
Appeal dismissed by Court of Appeal

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found that the defendant breached the lease agreement.
    • Category: Substantive
    • Sub-Issues:
      • Repudiatory breach of contract
      • Wrongful termination of lease
  2. Damages
    • Outcome: The court awarded damages for wasted costs and initial relocation expenses but dismissed claims for subsequent relocation costs and lost profits, deeming them too remote.
    • Category: Substantive
    • Sub-Issues:
      • Wasted costs
      • Relocation costs
      • Loss of profits
      • Mitigation of damages
      • Remoteness of damages

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

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

  • Tenancy agreement
  • Lease
  • Breach of contract
  • Repudiatory breach
  • Wasted costs
  • Relocation costs
  • Mitigation of damages
  • Notice of termination
  • Unexpired term

15.2 Keywords

  • tenancy agreement
  • lease
  • breach of contract
  • damages
  • relocation
  • wasted costs

16. Subjects

  • Contract Law
  • Landlord and Tenant
  • Leases
  • Damages

17. Areas of Law

  • Contract Law
  • Landlord and Tenant Law