Members of former Sijori Resort Club can resume class action lawsuit against Treasure Resort
- POSTED: 01 Oct 2013 23:12
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The Court of Appeal has ruled that some 200 members of the former Sijori Resort Club can resume their class action lawsuit against Treasure Resort, which has taken over ownership of the club.
SINGAPORE: The Court of Appeal has ruled that some 200 members of the former Sijori Resort Club can resume their class action lawsuit against Treasure Resort, which has taken over ownership of the club.
In a 78-page written judgement on Tuesday, the three judges of the Court of Appeal said they "are entirely satisfied that there are no compelling reasons not to reinstate" the suit as a representative action, or class action lawsuit.
The club members had joined Sijori between 1994 and 2004, with an entrance fee that varied from S$10,000 to S$25,750, and a monthly subscription of S$30 for an individual and S$50 for a family.
Treasure bought over the club in 2006, and agreed to accord "substantially similar terms and conditions of membership" to the club members.
In 2008, Treasure informed the club members that it was offering a new membership to replace the existing one.
The new membership would require a monthly subscription of S$165 for an individual and S$275 for a family - an increase of more than five-fold from the original monthly subscriptions.
They would be denied membership privileges if they decided not to pay the subscriptions.
The members, led by a small core group headed by Koh Chong Chiah, mounted a lawsuit in October 2009 against Treasure for breach of contract, repudiation of contract and misrepresentation.
In June 2010, Treasure applied to the High Court to stop the lawsuit from proceeding as a class action, and succeeded.
At the heart of the contention was that the members had joined Sijori at different times and on different terms, and the losses they suffered also differed, so there was no common ground for a class action.
Overturning the ruling on Tuesday, the Court of Appeal said the club members share the same interest in their claim against Treasure for misrepresentation and repudiation.
However, it found that the breach of contract claim was not common among all of the members as they had entered into different agreements with Sijori.