Singapore Telecommunications Ltd v Starhub Cable Vision Ltd

• Jurisdiction: Singapore
• Court: Court of Appeal (Singapore)
• Judge: Belinda Ang Saw Ean J
• Judgment Date: 06 February 2006
• Neutral Citation: [2006] SGCA 5
• Citation: [2006] SGCA 5
• Published date: 07 February 2006
• Year: 2006
• Docket Number: Civil Appeal No 58 of 2005
• Date: 06 February 2006
• Subject Matter: Exclusion clauses,Damages,Whether respondent breaching lease agreement by such conduct,Remedies,Admissibility of evidence,Whether common assumptions arrived at prior to execution of contract admissible as evidence of factual background to aid in interpretation of contract,Respondent tapping into leased facilities to transmit cable television signals to other types of properties,Clause excluding liability for "any indirect, incidental, consequential, or special damages (including, without limitation, damages for harm to business, lost revenues, or lost profits)",Lease of appellant's facilities to respondent for cable television roll-out to high-rise residential properties,Whether compensatory damages for breach of contract may be awarded where no loss resulting from breach,Whether exclusion clause precluding appellant's claim for loss of revenue from prospective lease of facilities to respondent for cable television roll-out to properties not covered by existing lease,Breach,Whether any estoppel by convention arising from such common assumptions so as to bar appellant from challenging respondent's tapping,Contractual terms,Contract
• Plaintiff Counsel: Tan Kok Quan SC, Kannan Ramesh, Sean Tan Kim Kang and Lam Sin Yee (Tan Kok Quan Partnership)
• Defendant Counsel: Philip Jeyaretnam SC, Low Chai Chong and Ajinderpal Singh (Rodyk and Davidson)