Judge denies Starhill's request to set new rental
Source: Business Times
Author: Grace Leong
A SINGAPORE High Court judge has denied an application by Starhill Global Reit for the court to set new retail rental rates with its master tenant, Toshin Development Singapore, in Ngee Ann City mall, saying that an existing rent review mechanism is 'still operable'.
Starhill wanted the court to determine the prevailing market rent of the Toshin lease after a dispute erupted between the parties over the rent review process.
Toshin, a unit of Takashimaya, leases more than 225,000 square feet in Ngee Ann City, which it then sub-leases to luxury brands such as Chanel, Louis Vuitton, Burberry and Tiffany & Co.
But in a grounds of decision issued last Friday and made public yesterday, High Court Justice Lai Siu Chiu declined to order an inquiry into the market rental rate of the premises, saying she 'had (her) reservations about the legitimacy of this remedy'.
'In substance, the latter remedy would amount to the court substituting its own terms for those in the lease agreement, which was a contract made between the parties,' Justice Lai wrote.
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