Fu Loong Lithographer Pte Ltd and others v Mok Wai Hoe and another

Fu Loong Lithographer Pte Ltd and others v Mok Wai Hoe and another

Chairperson's para 4 discretion must be exercised on rational grounds; motions 1(b) and 1(e) were wrongly ruled out of order because s59 permits the MC to reserve such matters to general meeting and impracticality does not equate to unenforceability, therefore those rulings were invalidated (subject to proviso protecting existing litigation representation). The chairperson's rulings on other motions were validated where he had reasonable legal or factual basis (interest payments part of fund, likely requirement of 90% resolution for subdivision, audited accounts adoption not susceptible to revocation absent material basis). Exclusion of plaintiffs' votes on Motion 2 was justified to...

Citation
[2013] SGHC 226
Parties
Plaintiffs: Fu Loong Lithographer Pte Ltd and others; 1st Defendant (chairperson): Mok Wai Hoe; 2nd Defendant (mcst): Management Corporation Strata Title Plan No 1024
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
28 October 2013
Case Number
Originating Summons No 569 of 2013
Procedural Posture
Originating Summons / Judgment (high Court)
Outcome
Application granted in part and dismissed in part
Legal Topics
Chairperson Powers Under First Schedule Para 4, Motions Out of Order, Vote Exclusion/conflict of Interest, Proper Plaintiff Rule (foss V Harbottle), Quia Timet Injunctions, Interpretation of BMSMA Provisions (ss 38, 40, 45, 59, 61, 98, 101, 104)
Source Language
English
Strata and Building Management Law Civil Procedure Administrative Law Injunctions Chairperson Powers Under First Schedule Para 4 Motions Out of Order Vote Exclusion/conflict of Interest Proper Plaintiff Rule (foss V Harbottle) +2 more

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Parties

Fu Loong Lithographer Pte Ltd and others

Plaintiffs

Mok Wai Hoe

1st Defendant (chairperson)

Management Corporation Strata Title Plan No 1024

2nd Defendant (mcst)

Procedural Posture

Originating Summons / Judgment (high Court)

Legal Issues

  1. 1 Whether plaintiffs had to proceed before Strata Titles Board or were proper plaintiffs
  2. 2 Whether chairperson lawfully ruled listed motions out of order under para 4 First Schedule
  3. 3 Whether chairperson lawfully excluded plaintiffs from voting on Motion 2

Ratio Decidendi

Chairperson's para 4 discretion must be exercised on rational grounds; motions 1(b) and 1(e) were wrongly ruled out of order because s59 permits the MC to reserve such matters to general meeting and impracticality does not equate to unenforceability, therefore those rulings were invalidated (subject to proviso protecting existing litigation representation). The chairperson's rulings on other motions were validated where he had reasonable legal or factual basis (interest payments part of fund, likely requirement of 90% resolution for subdivision, audited accounts adoption not susceptible to revocation absent material basis). Exclusion of plaintiffs' votes on Motion 2 was justified to...

Court Disposition

Application granted in part and dismissed in part

Orders

  • Ruling of 1st Defendant that Motions 1(b) and 1(e) were out of order is invalidated, subject to proviso that future amendments must not touch lawyers already appointed to defend the 2nd Defendant in S 311/2012
  • All other rulings of the 1st Defendant challenged by the Plaintiffs are validated