SILVESTER SELVAN S/O JEYAPERAGASAM & 2 Ors v HILDA LOE ASSOCIATES PTE. LTD. & 4 Ors

[2024] SGHC 104 High Court (General Division) 19 April 2024 • HC/OA 1026/2023 • 93 min read
10 cases cited

Catchwords

Land — Strata titles — Land Titles (Strata) Act

Practice Areas

Land

Judges (1)

Christopher Tan Delivered

Counsel (17)

Allen & Gledhill LLP Firm K&L Gates Straits Law LLC Firm Providence Law Asia LLC Firm Seah Ong & Partners LLP Firm Wee Swee Teow LLP Firm Felicia Tee Counsel Claimant Hui Choon Wai Counsel Defendant Kyle Chong Counsel Defendant Luke Chew Counsel Defendant N Sreenivasan Counsel Claimant Ngo Wei Shing Counsel Defendant Nicole Huang Counsel Claimant Peh Aik Hin Counsel Defendant Rebecca Chia Counsel Defendant Steven Seah Counsel Claimant Valerie Ang Counsel Claimant Zhuo Jiaxiang Counsel Defendant

Parties (2)

Hilda Loe Associates Pte Ltd Defendant Silvester Selvan s/o Jeyaperagasam Claimant

Case Significance

Silvester Selvan s/o Jeyaperagasam and others v Hilda Loe Associates Pte Ltd and others [2024] SGHC 104 was decided by the General Division of the High Court (Originating Application No 1026 of 2023), with Christopher Tan JC delivering the grounds of decision on 19 April 2024 following hearings on 24-25 January and 9 February 2024. The matter concerned the collective (en bloc) sale of the GSM Building at 141 Middle Road, Singapore 188976, to the purchaser Coliwoo (TK) Pte Ltd. The claimants were members of the collective sale committee overseeing the sale, while the defendants represented subsidiary proprietors who objected. After a sale and purchase agreement was signed with Coliwoo, the committee applied to the Strata Titles Board under s 84A(2A)(a) of the Land Titles (Strata) Act 1967 for an order for the sale; when objections could not be resolved through mediation, the Board issued a stop order under s 84A(6A)(b), prompting the claimants to seek a court order for the sale under s 84A(2A)(b). The defendants grounded their objection on s 84A(9)(a)(i)(A) of the Act. The claimants were represented by counsel including N Sreenivasan and Felicia Tee, with the defendants represented by counsel including Hui Choon Wai.

Summary

Members of a collective sale committee applied under section 84A(2A)(b) of the Land Titles (Strata) Act 1967 for a court order approving the en bloc sale of the GSM Building at 141 Middle Road to a purchaser, after subsidiary proprietors objected and the Strata Titles Board issued a stop order. The objecting subsidiary proprietors, who considered the sale price too low, opposed the sale on the ground that the transaction was not in good faith having regard to the sale price. The General Division of the High Court found no evidence of want of probity or recklessness on the committee's part, dismissed the objections, and granted the application for the sale.

What was the en bloc dispute in Silvester Selvan v Hilda Loe Associates [2024] SGHC 104 about?

The case concerned the collective sale of the GSM Building at 141 Middle Road, Singapore, to Coliwoo (TK) Pte Ltd. After the Strata Titles Board issued a stop order, the collective sale committee applied to the High Court for a sale order under the Land Titles (Strata) Act 1967, which objecting subsidiary proprietors resisted.

Which statutory provisions were engaged in the GSM Building collective sale application?

The collective sale committee applied under s 84A(2A)(a) of the Land Titles (Strata) Act 1967, and after a stop order under s 84A(6A)(b), sought a court order under s 84A(2A)(b). The objecting subsidiary proprietors relied on s 84A(9)(a)(i)(A) of the Act.

Cases Cited (10)

SG (3)
[2018] SGCA 86 [2019] SGHC 3 [2023] SGHC 158
SLR (7)
[2001] 2 SLR(R) 1 [2007] 2 SLR(R) 983 [2009] 3 SLR(R) 109 [2013] 4 SLR 694 [2017] 2 SLR 413 [2019] 2 SLR 46 [2020] 1 SLR 133

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 104)