HSBC INSTITUTIONAL TRUST SERVICES (SINGAPORE) LIMITED (as Trustee of AIMS AMP Capital Industrial REIT) v DNKH LOGISTICS PTE. LTD.
Outcome
Appeal dismissedthe appeal is dismissed with costs.
Source: [2023] SGHC(A) 13, High Court (Appellate Division), decided 14 April 2023. Read directly from the judgment.
Key facts
| Court | High Court (Appellate Division) |
|---|---|
| Decided | |
| Judges | Andre Maniam, Kannan Ramesh, Valerie Thean |
| Charges / claim | Contract |
| Outcome | Appeal dismissed |
| Counsel | Pinnacle Law LLC, Ramdas & Wong, Aqbal Singh s/o Kuldip Singh, Julia Emma Dcruz, S Selvam Satanam, Tan Yee Pin Jeff |
Source: [2023] SGHC(A) 13, High Court (Appellate Division), decided — eLitigation. Updated .
Catchwords
Practice Areas
Counsel (6)
Case Significance
HSBC INSTITUTIONAL TRUST SERVICES (SINGAPORE) LIMITED (as Trustee of AIMS AMP Capital Industrial REIT) v DNKH LOGISTICS PTE. LTD. [2023] SGHC(A) 13 was decided ex tempore by Valerie Thean J, sitting with Kannan Ramesh JAD and Andre Maniam J in the Appellate Division of the High Court, on 14 April 2023 in Civil Appeal No 94 of 2022. The dispute arose after a fire, believed caused by the spontaneous combustion of black peppercorns stored at a warehouse at No. 8 and No. 10 Tuas Avenue 20, led the landlord's insurer to bring a subrogated claim against the tenant, DNKH Logistics, where no negligence was alleged. The sole issue on appeal was the construction of an indemnity clause in the lease dated 31 July 2012 permitting the landlord to claim an indemnity for losses on the premises.
[2023] SGHC(A) 13 explained
HSBC INSTITUTIONAL TRUST SERVICES (SINGAPORE) LIMITED (as Trustee of AIMS AMP Capital Industrial REIT) v DNKH LOGISTICS PTE. LTD. ([2023] SGHC(A) 13) is a Singapore judgment decided by the High Court (Appellate Division) on 14 April 2023. It is categorised under Contract. It is a recent decision; within this corpus no later judgment has cited it yet. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.
What is [2023] SGHC(A) 13 about?
HSBC INSTITUTIONAL TRUST SERVICES (SINGAPORE) LIMITED (as Trustee of AIMS AMP Capital Industrial REIT) v DNKH LOGISTICS PTE. LTD. ([2023] SGHC(A) 13) is a High Court (Appellate Division) decision from 2023. Its published catchwords are “Contract — Contractual terms — Interpretation — Indemnity clause”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.
Summary
This appeal followed a warehouse fire, said to have been caused by the spontaneous combustion of stored black peppercorns, which caused the landlord losses of $3,441,541.24 that were paid by its insurer. The insurer, exercising rights of subrogation, sought an indemnity from the tenant under a clause in the lease, with no negligence alleged. The sole issue was the construction of that indemnity clause. The court held the clause did not cover the losses in these circumstances and dismissed the appeal, awarding the tenant $30,000 in costs.
What was HSBC Institutional Trust Services v DNKH Logistics [2023] SGHC(A) 13 about?
The sole issue in Civil Appeal No 94 of 2022 was the construction of an indemnity clause in a 31 July 2012 lease, after a warehouse fire led the landlord's insurer to bring a subrogated claim against tenant DNKH Logistics.
What caused the fire in HSBC Institutional Trust Services v DNKH Logistics ([2023] SGHC(A) 13)?
The fire was believed to have been caused by the spontaneous combustion of black peppercorns stored by a customer of a tenant at the warehouse at No. 8 and No. 10 Tuas Avenue 20, with no negligence alleged.
Cases Cited (12)
Related cases
Other Singapore judgments involving the same parties or counsel.
Referenced in
Legal concepts & references
Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2023] SGHC(A) 13)