1. The Plaintiff’s action is in essence a common law action upon nuisance committed by Defendant No.1 which is actionable as a tort. The Plaintiff occupies and owns the top floor of the building Peninsula Towers (the said building) at Peninsula Corporate Park. The terrace of the Plaintiff’s building is just above the Plaintiff’s premises. Defendant No.1 occupies the 6th floor of the said building owned by Defendant No.3.

2. It is the Plaintiff’s case that Defendant No.1 acquired its premises in June 2004 and put up air conditioning chiller plant consisting of 3 chillers on the terrace of the said building above the Plaintiff’s premises. The chiller plant causes vibration and noise in the office premises of the Plaintiff. That constitutes a nuisance to the Plaintiff. It has also been the Plaintiff’s case that the vibration of the chillers has caused cracks in the walls and the ceilings of the Plaintiff’s premises and structural damage thereto. The Plaintiff contends that it is a threat to the safety and stability of the building.

3. It is the Plaintiff’s case that chiller plant required buffers to minimise the vibration and stress on the building structure which Defendant