Simba ordered to pay S$700,000 in damages to indoor skydiving operator Altitude Xperience for trespass
The telco-operator was also ordered to vacate the iFly Building’s rooftop space
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[SINGAPORE] Telco-operator Simba has been ordered to pay S$698,594.50 in damages to Altitude Xperience, operator of indoor skydiving experience AltitudeX, for damages caused by using its rooftop space without paying rent. AltitudeX was formerly known as iFly Singapore.
In a written judgment, Justice Lee Seiu Kin also ordered Simba to vacate and reinstate the iFly Building’s rooftop space “within a reasonable time”.
In November last year, Altitude Xperience, formerly known as Skyventure VWT, took Simba to court, claiming that the telco provider was using the rooftop space of its building in Sentosa without paying rent.
Because of the equipment installed on the rooftop, Altitude Xperience was unable to install air conditioning, resulting in the company being unable to host events during the day.
The total space occupied by Simba is 4.51 square metres.
Simba, the defendant, argued that the rooftop space it was using fell under the Mobile Installation Space since it was unused, as provided for in the Code of Practice for Info-communication Facilities in Buildings 2018 (Copif).
Copif, which came into effect in December 2018, states that building owners are obligated to provide designated space for mobile network operators (MNOs) to install their telco equipment rent-free.
However, Altitude Xperience argued that the rooftop space in contention was not considered an unused space. This was further supported by the Infocomm Media Development Authority (IMDA) in 2021.
In his judgment, Justice Lee noted that Simba was “never entitled” to the rooftop and ground level space free of rent under the Copif.
As such, Simba’s occupation of the spaces amounted to trespass, he added.
Simba claimed that it made a S$35,310 payment to Altitude Xperience in April 2020 as a “goodwill gesture” for using the rooftop space, as it was converted into a mobile installation space under the Copif.
However, Justice Lee rejected the argument.
The other three telcos – Singtel, StarHub and M1 – also have equipment on the rooftop of the iFly Building.
Correspondence between IMDA and the telcos noted that IMDA “persuaded” the three telcos to compromise at two years post-Copif 2018 payment.
However, Simba held out against this payment as it did not have the cash flow of the other incumbent telcos.
He ordered Simba to pay S$40,392.50 for the period between September 2019 and September 2020, and another S$100,432 for the period between September 2020 to July 2023.
Loss of sales from daytime events
“In my view, the claimant’s position that, with the Sky Garden adequately cooled with the additional air-conditioning, there would be an increase in sales for day events, was entirely possible,” said Justice Lee.
However, given that there is no proven track record of sales of the rooftop garden, Justice Lee took the lower end of Altitude Xperience’s estimate and pegged it to 30 per cent of overall events.
Between July 2023 and the end of 2025, the total damages amounted to S$557,770. Combining the sum owed earlier, the total amounted to S$698,594.50.
Additionally, there will be interest charges of 5.33 per cent per annum on the judgment sum from the date of the writ, Dec 29, 2022.
Altitude Xperience was represented by Daniel Li and Kelly Tan from Ramdas & Wong, while Simba was represented by Clement Tan from Nine Yards Chambers LLC.
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