ORCHARD CIRCLE SDN BHD v 1. ) LEE KIM KOK 2. ) CHIN WEI KIEN 3. ) ONG TAI SING PENCELAH Fortune Venture Managment Sdn Bhd

ba-22ncvc-212-05-2019 High Court (Mahkamah Tinggi) 25 November 2025 • BA-22NCvC-212-05/2019 • 25 min read
7 cases cited (1 SG, 6 foreign)

Catchwords

Tenancy agreement-whether tenancy renewed upon expiry-inferred from the conduct of parties-tenancy subsequently terminated-whether vacant possession delivered in accordance with the clause in the contract-whether claim for double rental justified where vacant possession not delivered to the landlord’s satisfaction-double rental only if there is holding over-whether recourse should be had to the clause in the contract for utilization of deposit-unilateral imposition of late payment charges for outstanding rent

Practice Areas

Tenancy agreement-whether tenancy renewed upon expiry-inferred from the conduct of parties-tenancy subsequently terminated-whether vacant possession delivered in accordance with the clause in the contract-whether claim for double rental justified where vacant possession not delivered to the landlord’s satisfaction-double rental only if there is holding over-whether recourse should be had to the clause in the contract for utilization of deposit-unilateral imposition of late payment charges for outstanding rent

Judges (1)

Alice Loke Yee Ching Delivered

Counsel (7)

Steven Thiru Firm YH Boo & Partners Firm Boo Yang Huay Counsel Defendant Chong Jen Hui Counsel Plaintiff Gregory Das Counsel Plaintiff Liau Pin Chun Counsel Defendant Tan Pean Khoon Counsel Defendant

Parties (5)

Fortune Venture Managment Sdn Bhd Intervener Orchard Circle Sdn Bhd Plaintiff Chin Wei Kien Defendant Lee Kim Kok Defendant Ong Tai Sing Defendant

Case Significance

ORCHARD CIRCLE SDN BHD v 1. ) LEE KIM KOK 2. ) CHIN WEI KIEN 3. ) ONG TAI SIN... is a High Court (Mahkamah Tinggi) decision dated November 25, 2025 (citation: ba-22ncvc-212-05-2019). <p>A landlord claimed outstanding rental arrears and double rental against three tenants who operated a bazaar on land in Kajang after the tenancy was terminated. The High Court partially allowed the claim, ordering the defendants to pay RM593,431.29 in outstanding rentals and RM174,800 in rental for the holdover period from October 2018 to January 2019, but rejected the claim for double rental and denied the request for letters of release.</p> The case was decided by Alice Loke Yee Ching. Counsel appearing: Boo Yang Huay (counsel for defendant), Chong Jen Hui (counsel for plaintiff), Gregory Das (counsel for plaintiff), Liau Pin Chun (counsel for defendant), Tan Pean Khoon (counsel for defendant).

Summary

A landlord claimed outstanding rental arrears and double rental against three tenants who operated a bazaar on land in Kajang after the tenancy was terminated. The High Court partially allowed the claim, ordering the defendants to pay RM593,431.29 in outstanding rentals and RM174,800 in rental for the holdover period from October 2018 to January 2019, but rejected the claim for double rental and denied the request for letters of release.

What was the outcome of ORCHARD CIRCLE SDN BHD v 1. ) LEE KIM KOK 2. ) CHIN WEI KIEN 3. ) ONG TAI SIN...?

<p>A landlord claimed outstanding rental arrears and double rental against three tenants who operated a bazaar on land in Kajang after the tenancy was...

Statutes Cited

Civil Law Act 1956
s 28(4)
Civil Law Act
s 28(4)(a)
Civil Law Act 1956
s 28(4)
Singapore Civil Law Act
s 19(4)

Cases Cited (7)

SLR (1)
[1992] 1 SLR(R) 740
UK (1)
[1966] 3 All ER 210
MY (5)
[1982] 2 MLJ 241 [1996] 1 MLJ 233 [2020] 1 MLJ 557 [2021] 1 MLJ 60 [2024] 3 MLJ 892