Marchmont Pte Ltd v Campbell Hospitality Pte Ltd: Striking Out Notice of Appeal

Marchmont Pte Ltd, the appellant, leased property to Campbell Hospitality Pte Ltd, the first defendant, with guarantees from directors Fu Yao and Wang Cuirong, the second and third defendants. Marchmont sued for possession and damages. The defendants applied to strike out Marchmont's Notice of Appeal. The Appellate Division of the High Court dismissed the application, finding the appeal was filed in time and no permission to appeal was needed. The judgment was delivered by Woo Bih Li JAD.

1. Case Overview

1.1 Court

Appellate Division of the High Court of the Republic of Singapore

1.2 Outcome

Application to strike out the Notice of Appeal dismissed with costs.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Application to strike out Notice of Appeal dismissed. The court found the appeal was filed in time and no permission to appeal was needed.

1.7 Decision Date

25 September 2024

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Marchmont Pte Ltd	Appellant, Claimant	Corporation	Application to strike out the Notice of Appeal dismissed with costs.	Won	Marina Chin Li Yuen SC of Tan Kok Quan Partnership Darren Ng Zhen Qiang of Tan Kok Quan Partnership Gitta Priska Adelya of Tan Kok Quan Partnership Nayo Leong of Tan Kok Quan Partnership
Campbell Hospitality Pte Ltd	Respondent, Defendant	Corporation	Application to strike out the Notice of Appeal dismissed with costs.	Lost	Chew Xizhi Stephanie of TSMP Law Corporation Thio Shen Yi SC of TSMP Law Corporation R Arvindren of TSMP Law Corporation
Fu Yao	Respondent, Defendant	Individual	Application to strike out the Notice of Appeal dismissed with costs.	Lost	Chew Xizhi Stephanie of TSMP Law Corporation Thio Shen Yi SC of TSMP Law Corporation R Arvindren of TSMP Law Corporation
Wang Cuirong	Respondent, Defendant	Individual	Application to strike out the Notice of Appeal dismissed with costs.	Lost	Chew Xizhi Stephanie of TSMP Law Corporation Thio Shen Yi SC of TSMP Law Corporation R Arvindren of TSMP Law Corporation

3. Judges

Judge Name	Title	Delivered Judgment
Woo Bih Li	Judge of the Appellate Division	Yes
Debbie Ong Siew Ling	Judge of the Appellate Division	No
See Kee Oon	Judge of the Appellate Division	No

4. Counsels

Counsel Name	Organization
Marina Chin Li Yuen SC	Tan Kok Quan Partnership
Darren Ng Zhen Qiang	Tan Kok Quan Partnership
Gitta Priska Adelya	Tan Kok Quan Partnership
Nayo Leong	Tan Kok Quan Partnership
Chew Xizhi Stephanie	TSMP Law Corporation
Thio Shen Yi SC	TSMP Law Corporation
R Arvindren	TSMP Law Corporation

4. Facts

Marchmont leased property to Campbell, guaranteed by Fu Yao and Wang Cuirong.
Marchmont sued for possession and damages.
Defendants applied to strike out Marchmont's Notice of Appeal.
The Judge previously found NOB 2 valid but not NOB 1 or NOB 3.
The Judge previously ordered reliefs including possession, damages, and interest.
The Judge previously dismissed Campbell's counterclaim except for declarations on NOB 1 and NOB 3.
The Judge previously heard costs submissions and reduced costs payable by 20%.

5. Formal Citations

Marchmont Pte Ltd v Campbell Hospitality Pte Ltd and others, Civil Appeal No 46 of 2024 (Summons No 34 of 2024), [2024] SGHC(A) 30

6. Timeline

Date	Event
2022-12-28	Marchmont commenced HC/OC 492/2022 against the Defendants.
2023-06-05	Defendants amended their Defence to include a counterclaim.
2024-05-02	Judge issued his judgment on liability for the first tranche.
2024-05-13	Parties filed their respective costs submissions.
2024-05-23	Judge heard oral submissions on costs and made certain costs orders.
2024-05-29	Defendants filed a Notice of Appeal in AD/CA 38/2024.
2024-06-20	Marchmont filed its Notice of Appeal in AD 46.
2024-07-04	Defendants filed SUM 34 to strike out AD 46.
2024-08-01	Hearing date.
2024-09-26	Judgment date.

7. Legal Issues

Striking out Notice of Appeal
- Outcome: Application to strike out the Notice of Appeal dismissed.
- Category: Procedural
- Sub-Issues:
  - Filing and service out of time
  - Appeal on costs without permission
Entitlement to Costs
- Outcome: Marchmont was entitled to costs.
- Category: Procedural

8. Remedies Sought

No remedies sought

9. Cause of Actions

No cause of actions

10. Practice Areas

Commercial Litigation
Appellate Practice

11. Industries

No industries specified

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Marchmont Pte Ltd v Campbell Hospitality Pte Ltd and others	High Court	Yes	[2024] SGHC 108	Singapore	Original judgment being appealed.
Comfort Management Pte Ltd v OGSP Engineering Pte Ltd and another	Court of Appeal	Yes	[2022] 5 SLR 525	Singapore	Cited for the types of orders on costs.
The “Luna” and another appeal	Court of Appeal	Yes	[2021] 2 SLR 1054	Singapore	Cited regarding when time to appeal begins to run.

13. Applicable Rules

Rule Name
Rules of Court 2021

14. Applicable Statutes

Statute Name	Jurisdiction
Civil Law Act 1909	Singapore
Conveyancing and Law of Property Act 1886	Singapore
Supreme Court of Judicature Act 1969	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Notice of Appeal
Striking out
Costs
Entitlement to costs
Indemnity basis
Extension of time

15.2 Keywords

appeal
civil procedure
costs
striking out

17. Areas of Law

Area Name	Relevance Score
Costs	90
Appellate Practice	80
Civil Litigation	75
Civil Practice	70
Breach of Contract	60
Property Law	50

16. Subjects

Civil Procedure
Appeals