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The Small Claims Tribunals discontinued a claim by a subsidiary proprietor seeking a refund of a $300 wheel-clamp release fee, holding the dispute was governed by statute, not contract.
The court invalidated an exclusive-use parking arrangement for common property and held that corporate representatives appointed by letters of authority are subject to the 2% proxy limit.
The court held that the defendants completed the physical installation of the mezzanine attics in 1993, before the BMSMA came into force on 1 April 2005, and that 'effect' in s 37 BMSMA refers to effecting physical works; therefore an application to URA in 2021/22 to retain earlier works does not constitute 'effecting any improvement' under s 37 and the MCST has no cause of action under s 37; planning contraventions are matters for URA and do not give MCST a civil cause of action, rendering the application unsustainable.
Source excerpt
High Court strata-management dispute over proposed motions, exclusive-use by-laws, KED installations, solicitor conflict, and remedial orders for unauthorised works.
The High Court dismissed a bid to enforce a BMSMA s 58(3) notice blocking legal costs, holding the notice was tainted by bad faith and sought to stifle the MCST’s defence.
The High Court considered BMSMA disputes over AGM attendance requirements, sinking fund use, tenancy information requests, and council purchases in a condominium development.
High Court refused a collective sale order for Thomson View Condominium after finding secret incentive payments to selected owners tainted the transaction and the 80% consent.
The High Court held that Tan & Au LLP was instructed to act for Goh Teh Lee, rejected his negligence counterclaim, and awarded the firm most of its unpaid fees.
The High Court held that a right of way over land occupied by Gracious Mansions had been abandoned and declared it extinguished.
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