THE MANAGEMENT CORPORATION STRATA TITLE PLAN NO. 561 v KOSMA HOLDINGS PTE LTD

[2025] SGHC 185 High Court (General Division) 17 September 2025 • HC/OA 608/2025 ( HC/SUM 1687/2025 ) • 30 min read

4 cases cited Cited by 1 case

Catchwords

Land — Easements — Rights of way — Section 99 of the Land Titles Act 1993 (2020 Rev Ed) Land — Easements — Rights of way — Section 97A of the Land Titles Act 1993 (2020 Rev Ed) Injunctions — Mandatory injunction — Order to remove structures that have been installed Injunctions — Prohibitory injunction — Order to restrain from impeding or obstructing entry of vehicles Evidence — Admissibility of evidence — Secondary evidence when the original subdivision plan has been lost

Practice Areas

Land Injunctions Evidence

Judges (1)

Philip Jeyaretnam Delivered

Counsel (7)

Aequitas Law LLP Firm Breakpoint LLC Firm Kishan Pillay s/o Rajagopal Pillay Counsel Defendant Shannon Lim Qi Counsel Defendant Shermaine Ng Shi Min Counsel Plaintiff Subir Singh Grewal Counsel Plaintiff Wang Tianyi Counsel Plaintiff

Parties (2)

Kosma Holdings Pte Ltd Defendant The Management Corporation Strata Title Plan No 561 Plaintiff

Case Significance

[2025] SGHC 185 is a High Court (General Division) decision dated 17 September 2025 concerning Evidence, Injunctions, and Land, specifically addressing easements, mandatory injunction, and prohibitory injunction. The judgment was delivered by Philip Jeyaretnam. The case was brought by The Management Corporation Strata Title Plan No 561 (plaintiff) against Kosma Holdings Pte Ltd (defendant). Legal representation was provided by Aequitas Law LLP and Breakpoint LLC. The judgment cites 4 cases and references 5 statutory provisions, including the Building Maintenance and Strata Management Act, the Conveyancing and Law of Property Act, and the Evidence Act. This decision has been cited by 1 subsequent judgment in the dataset.

Summary

The management corporation of a mall sought an easement over a service road owned by a separate company (also the subsidiary proprietor of the mall's carpark) to access the mall's loading bay and bin centre. The court declined to imply an easement from the certified plan but found the statutory power under s 97A of the Land Titles Act could be invoked, and directed parties to exchange proposals on the scope of the easement and compensation.

What was decided in [2025] SGHC 185?

[2025] SGHC 185 (THE MANAGEMENT CORPORATION STRATA TITLE PLAN NO. 561 v KOSMA HOLDINGS PTE LTD) is a High Court (General Division) decision from 17 September 2025 addressing Evidence, Injunctions, and Land, specifically easements, mandatory injunction, and prohibitory injunction. The judgment was delivered by Philip Jeyaretnam.

Who were the parties in THE MANAGEMENT CORPORATION STRATA TITLE PLAN NO. 561 v KOSMA HOLDINGS PTE LTD?

The plaintiff in [2025] SGHC 185 was The Management Corporation Strata Title Plan No 561, and the defendant was Kosma Holdings Pte Ltd. Legal representation included Aequitas Law LLP and Breakpoint LLC. The case was decided on 17 September 2025 in the High Court (General Division).

Which judge decided [2025] SGHC 185?

[2025] SGHC 185 was delivered by Philip Jeyaretnam in the High Court (General Division) on 17 September 2025. The case concerned Evidence, Injunctions, and Land.

What cases and statutes does [2025] SGHC 185 cite?

[2025] SGHC 185 cites 4 prior decisions. It references Building Maintenance and Strata Management Act, Conveyancing and Law of Property Act, Evidence Act. The decision has itself been cited by 1 subsequent judgment.