MARCHMONT PTE LTD v CAMPBELL HOSPITALITY PTE LTD & 2 Ors

Case Significance

Marchmont Pte Ltd v Campbell Hospitality Pte Ltd and others [2024] SGHC(A) 30 was decided by the Appellate Division of the High Court, comprising Woo Bih Li JAD, Debbie Ong Siew Ling JAD and See Kee Oon JAD, which heard the matter on 1 August 2024 and delivered judgment on 26 September 2024, with Woo Bih Li JAD delivering the judgment of the court. The proceedings concerned AD/SUM 34/2024 ("SUM 34"), an application by the defendants to strike out the Notice of Appeal in Civil Appeal No 46 of 2024 ("AD 46") on two grounds: first, that AD 46 was filed and served out of time; and second, that to the extent AD 46 was an appeal on costs, no permission to appeal had been obtained. The court held that both grounds failed and dismissed SUM 34 with costs.

The background, set out in the judgment, was that Marchmont Pte Ltd ("Marchmont"), the appellant in AD 46 and respondent to SUM 34, is the registered proprietor of a property at 51 Joo Chiat Road. Marchmont leased parts of the property (the "Demised Premises") to Campbell Hospitality Pte Ltd ("Campbell") under a tenancy agreement, the liability under which was guaranteed by Campbell's directors, Ms Fu Yao and Mdm Wang Cuirong, under a deed of guarantee. The underlying matter was Originating Claim No 492 of 2022, which Marchmont commenced on 28 December 2022. Marchmont was represented by counsel from TSMP Law Corporation, including Thio Shen Yi, Chew Xizhi Stephanie and R. Arvindren, while the respondents were represented by counsel from Tan Kok Quan Partnership, including Marina Chin Li Yuen, Darren Ng Zhen Qiang, Gitta Priska Adelya and Nayo Leong.