Broadley Engineering Pte. Ltd. v Award Engineering Pte. Ltd. & Anor
Court found an express principal-agent relationship and implied actual authority for broker to make property representations; broker made false representation that premises were an approved dormitory but genuinely believed it and was not dishonest so deceit and negligent misrepresentation claims against broker fail; Broadley (landlord) had actual knowledge the premises lacked required approvals and conveyed that falsity to broker, rendering Broadley liable for fraudulent misrepresentation through its agent; remedy is rescission of the Lease Agreement ab initio with mutual restitution: Award to return benefit of occupation (account for rent paid) and restore deposit, Broadley entitled to...
- Citation
- [2026] SGMC 33
- Parties
- Claimant: Broadley Engineering Pte Ltd; 1st Defendant: Award Engineering Pte Ltd; 2nd Defendant: Wo Sui Moy
- Court
- Magistrates' Court
- Jurisdiction
- Singapore
- Judgment Date
- 9 March 2026
- Case Number
- MC/OC 8617/2023
- Procedural Posture
- Magistrate Court Originating Claim / Judgment
- Outcome
- Judgment: Broadley partially successful on unpaid rent and property restoration but liable for fraudulent misrepresentation; Lease Agreement rescinded ab initio; claims against broker dismissed; counterclaim partly allowed.
- Legal Topics
- Misrepresentation, Fraud, Rescission, Agency, Rent, Security Deposit, Conspiracy, Negligence, Restitution
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Broadley Engineering Pte Ltd
Claimant
Award Engineering Pte Ltd
1st Defendant
Wo Sui Moy
2nd Defendant
Procedural Posture
Magistrate Court Originating Claim / Judgment
Legal Issues
- 1 Whether broker was agent of landlord and scope of authority
- 2 Whether broker represented property as an approved dormitory and liability for misrepresentation
- 3 Whether broker breached duty of care to landlord or contractually
Ratio Decidendi
Court found an express principal-agent relationship and implied actual authority for broker to make property representations; broker made false representation that premises were an approved dormitory but genuinely believed it and was not dishonest so deceit and negligent misrepresentation claims against broker fail; Broadley (landlord) had actual knowledge the premises lacked required approvals and conveyed that falsity to broker, rendering Broadley liable for fraudulent misrepresentation through its agent; remedy is rescission of the Lease Agreement ab initio with mutual restitution: Award to return benefit of occupation (account for rent paid) and restore deposit, Broadley entitled to...
Court Disposition
Judgment: Broadley partially successful on unpaid rent and property restoration but liable for fraudulent misrepresentation; Lease Agreement rescinded ab initio; claims against broker dismissed; counterclaim partly allowed.
Orders
- Lease Agreement rescinded ab initio
- Allow Broadley claim for unpaid rent in sum of SGD 14,980
Full Case Text
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