SINGAPORE: Real estate agency Huttons Asia, which finds itself entangled in a dispute between 28 shop owners at KAP Mall and developer Oxley Sanctuary, is refuting allegations of misinforming shop owners about the return of key tenants McDonald’s and Cold Storage.
A 36-day trial is set to take place from March to May 2024 over the lawsuit filed by the shop owners against Oxley Sanctuary, a subsidiary of Oxley Holdings, which bought the land at King Albert Park in 2012 and redeveloped it into the present KAP Mall that was completed in 2016.
The shop owners, who bought 19 units in the freehold strata mall in 2013, are accusing Oxley of misleadingly marketing the property, asserting they were told that the McDonald’s fast-food restaurant or Cold Storage supermarket, or both – which were occupants of the two-storey commercial building before Oxley’s acquisition – would be returning as tenants.
Oxley, represented by senior counsel Koh Swee Yen at law firm Wong Partnership, had refuted the claims and brought marketing agent Huttons into the fray as a third party in the lawsuit, seeking indemnity or contribution should it be found liable.
In its defence filed in January 2022, a copy of which was seen by The Straits Times, Huttons, represented by lawyer K. Anparasan of WhiteFern, denied the allegations, underscoring that its property agents adhered to their fiduciary duties.
Anparasan highlighted in the defendant’s reply that marketing material prepared by Oxley had allegedly shown a unit at the mall’s basement level, which was designed to house a supermarket.
During a VIP preview event, Oxley had allegedly announced and confirmed the sale of “the supermarket unit” by email, noted the court documents.
Huttons said it never informed its property agents that units at KAP Mall were reserved for McDonald’s or Cold Storage.
The agency also denied making any representations to the shop owners that there was a correlation between the respective units’ prices and their proximity to the alleged units reserved for McDonald’s or Cold Storage. — The Straits Times/ANN
