Simba to pay Altitude Xperience $699k in trespass dispute

High Court rejects claim that rooftop equipment could stay rent-free.

Simba Telecom has been ordered to pay Altitude Xperience $698,594.50 after the Singapore High Court found that the telco trespassed on space at the AltitudeX building in Sentosa following a dispute over licence-fee payments.

The court rejected Simba’s argument that a $35,310 payment made in April 2020 was a goodwill payment to resolve the dispute or a transition payment as the spaces moved into a rent-free telecom facilities regime.

Instead, it found that the documents showed the payment was made against an invoice for licence and service fees covering the period from 20 September 2018 to 19 September 2019.

Altitude Xperience, formerly known as Skyventure VWT Singapore, owns the five-storey AltitudeX building, formerly known as the iFly Building. Simba had installed mobile telecommunications equipment on its rooftop and ground floor since December 2017.

The parties initially had an oral arrangement and later entered into a backdated licence agreement covering the period from 21 December 2017 to 19 September 2018. Simba paid $5,770.40 for that period.

Justice Lee Seiu Kin found that there was no agreement allowing Simba to continue using the spaces after 20 September 2019.

The telco argued that it could remain there rent-free under Singapore’s telecom facilities code, but Altitude Xperience said the spaces did not qualify.

The Info-communications Media Development Authority had earlier found that the rooftop space was not unused space and did not have to be provided rent-free. Simba’s appeal to the Minister was later dismissed for being filed too late.

The court held that Simba was not entitled to occupy the rooftop and ground floor spaces without paying. Its continued use of the spaces after 19 September 2019, therefore, amounted to trespass.

The damages awarded included $40,392.50 for the period from 20 September 2019 to 19 September 2020, $100,432 for the period from 20 September 2020 to 23 July 2023, and $557,770 for the period from 24 July 2023 to the end of 2025.

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