HUBER'S PTE. LTD. v HU LEE IMPEX PTE LTD

[2024] SGHC 230 High Court (General Division) 6 September 2024 • HC/OA 1130/2023 • 49 min read

10 cases cited (3 SG, 7 foreign)

Catchwords

Land — Easements — Creation — Section 97A of the Land Titles Act

Practice Areas

Land

Judges (1)

Wong Li Kok, Alex Delivered

Counsel (6)

Goh JP & Wong LLC Firm Shook Lin & Bok LLP Firm Joseph Tay Weiwen Counsel Applicant Soon Wei Song Counsel Respondent Tan Wei Sze Counsel Applicant Wong Tze Roy Counsel Respondent

Parties (2)

Hu Lee Impex Pte Ltd Respondent Huber's Pte Ltd Applicant

Case Significance

Huber's Pte Ltd v Hu Lee Impex Pte Ltd [2024] SGHC 230 was decided by Wong Li Kok, Alex JC in the General Division of the High Court of the Republic of Singapore, heard on 1, 11 and 18 July 2024 with grounds of decision delivered on 6 September 2024. The matter was Originating Application No 1130 of 2023, in which the applicant Huber's Pte Ltd sought two temporary court-ordered easements over the respondent Hu Lee Impex Pte Ltd's premises pursuant to s 97A of the Land Titles Act 1993 (2020 Rev Ed). The applicant sought the easements to allow it to carry out construction plans to redevelop its own premises.

The judge allowed the application, with the additional order that the respondent be granted broad liberty to apply for, among other things, compensation and to resolve operational issues during the construction period that could not be resolved between the parties. As there had been no previous reported cases on s 97A of the Land Titles Act, the judge considered it useful to provide full grounds; he noted that s 97A was enacted to allow the court to create easements following increased redevelopment activity in Singapore and to ensure the most efficient use of land, and that parties agreed it is in pari materia with s 88K of the New South Wales Conveyancing Act 1919. The applicant was represented by Joseph Tay Weiwen and Tan Wei Sze of Shook Lin & Bok LLP, and the respondent by Soon Wei Song and Wong Tze Roy of Goh JP & Wong LLC.

Summary

The applicant, Huber's Pte Ltd, a butchery business and registered tenant of an industrial property, applied under section 97A of the Land Titles Act for two temporary court-ordered easements over the neighbouring property held by the respondent, Hu Lee Impex Pte Ltd, to enable the applicant to carry out construction plans to redevelop its own premises. The decision examined section 97A of the Land Titles Act, noted that it was a provision on which there had been no previous reported cases, and considered jurisprudence from New South Wales on the in pari materia provision. The High Court (Wong Li Kok, Alex JC) allowed the application with an order granting the respondent liberty to apply for compensation and to resolve operational issues during construction, and ordered the applicant to pay the respondent costs of $10,000 excluding disbursements.

What did Huber's Pte Ltd v Hu Lee Impex Pte Ltd [2024] SGHC 230 decide about easements?

Wong Li Kok, Alex JC allowed Huber's Pte Ltd's application for two temporary court-ordered easements over Hu Lee Impex Pte Ltd's premises under s 97A of the Land Titles Act 1993, to enable redevelopment, granting the respondent broad liberty to apply for compensation. Judgment was delivered 6 September 2024.

Why was Huber's Pte Ltd v Hu Lee Impex Pte Ltd significant for s 97A of the Land Titles Act?

There were no previous reported cases on s 97A of the Land Titles Act, so Wong Li Kok, Alex JC gave full grounds, noting it was enacted to enable court-created easements amid increased redevelopment and is in pari materia with s 88K of the New South Wales Conveyancing Act 1919.