LACHMAN'S EMPORIUM PTE LTD v KANG TIEN KUAN

LACHMAN'S EMPORIUM PTE LTD v KANG TIEN KUAN

Leave to appeal was dismissed because the alleged mistake was an error in applying law to facts rather than an error of law; the Judge had appropriately found an arguable bona fide defence of frustration such that summary judgment was not warranted for the Full Sum, and the applicant had not properly put forward the Reduced Sum as an alternative below; the leave application was also held to be filed in time under O 56A r 3(2) ROC.

Citation
[2022] SGHC(A) 13
Parties
Applicant/plaintiff: Lachman’s Emporium Pte Ltd; Respondent/defendant: Kang Tien Kuan (trading as Lookers Music Café)
Court
Appellate Division of the High Court
Jurisdiction
Singapore
Judgment Date
24 March 2022
Case Number
AD/OS 8/2022
Procedural Posture
Originating Summons (summary Judgment) / Application for Leave to Appeal to the Appellate Division
Outcome
Application for leave to appeal dismissed
Legal Topics
Summary Judgment, Leave to Appeal, Frustration of Contract, Rental Arrears, COVID 19 Regulatory Measures, Temporary Rental Relief
Source Language
English
Civil Procedure Contract Law Landlord and Tenant Law Statutory Relief (covid 19) Summary Judgment Leave to Appeal Frustration of Contract Rental Arrears +2 more

Case Brief

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Parties

Lachman’s Emporium Pte Ltd

Applicant/plaintiff

Kang Tien Kuan (trading as Lookers Music Café)

Respondent/defendant

Procedural Posture

Originating Summons (summary Judgment) / Application for Leave to Appeal to the Appellate Division

Legal Issues

  1. 1 Whether the leave application was filed in time under O 56A r 3(2) ROC and s 29B SCJA
  2. 2 Whether the Judge erred as a matter of law in finding an arguable defence of frustration and rejecting summary judgment
  3. 3 Whether any error constituted an error of law (ground for leave) or merely an error in applying law to facts

Ratio Decidendi

Leave to appeal was dismissed because the alleged mistake was an error in applying law to facts rather than an error of law; the Judge had appropriately found an arguable bona fide defence of frustration such that summary judgment was not warranted for the Full Sum, and the applicant had not properly put forward the Reduced Sum as an alternative below; the leave application was also held to be filed in time under O 56A r 3(2) ROC.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Leave to appeal dismissed
  • Applicant to pay respondent costs of the application fixed at $4,000