Abex Centre v Public Prosecutor: Costs of Prosecution & Appeal for Unlawful Land Occupation
In Abex Centre Pte Ltd v Public Prosecutor, the High Court of Singapore, presided over by Chief Justice Yong Pung How on March 28, 2000, addressed the issue of costs associated with the prosecution and appeal of Abex Centre Pte Ltd for unlawful occupation of State land. The court ordered Abex Centre Pte Ltd to bear the prosecution's costs for both the appeal and the initial court proceedings, finding their defense and subsequent appeal to be without merit and conducted 'extravagantly and unnecessarily'.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Order accordingly.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Abex Centre Pte Ltd was ordered to pay prosecution costs for an appeal and the initial court case after unlawfully occupying State land.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Costs Awarded | Won | Norul Huda Rashid of Deputy Public Prosecutor |
| Abex Centre Pte Ltd | Appellant | Corporation | Appeal Withdrawn | Withdrawn |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Norul Huda Rashid | Deputy Public Prosecutor |
| Mahendra S Segeram | Segeram & Co |
4. Facts
- Abex Centre Pte Ltd was found to be in unlawful occupation of State land.
- The Collector of Land Revenue obtained a warrant for dispossession against Abex Centre Pte Ltd.
- Abex Centre Pte Ltd had entered into a tenancy agreement with the State in respect of the State land.
- Abex Centre Pte Ltd fell into arrears of rental.
- The Collector of Land Revenue terminated the tenancy agreement due to the rental arrears.
- Abex Centre Pte Ltd filed and then withdrew an appeal against the warrant for dispossession.
- Abex Centre Pte Ltd continued to occupy the premises and sublet it to sub-tenants.
5. Formal Citations
- Abex Centre Pte Ltd v Public Prosecutor, MA 246/1999, [2000] SGHC 48
6. Timeline
| Date | Event |
|---|---|
| Tenancy agreement entered into with the State. | |
| Appellants fell into arrears of rental. | |
| Appellants paid $50,000 of the outstanding amount. | |
| Collector of Land Revenue proposed an instalment scheme. | |
| Collector of Land Revenue issued a letter and notice to remove. | |
| Complaint filed against the appellants under s 2 of the Act. | |
| Site inspection revealed appellants were still in occupation. | |
| Total outstanding amount owed by the appellants was $600,057.49. | |
| District judge issued a warrant for dispossession. | |
| Appellants lodged a notice of appeal. | |
| Appellants obtained a stay of execution of the warrant for dispossession. | |
| Appellants filed their petition of appeal. | |
| Prosecution received news that the appellants would withdraw the appeal. | |
| Court ordered costs of the appeal and costs below to be awarded to the prosecution. |
7. Legal Issues
- Costs of Prosecution
- Outcome: The court ordered the appellants to pay the costs of prosecution, finding that their defense was conducted 'extravagantly and unnecessarily'.
- Category: Procedural
- Related Cases:
- [1993] 3 SLR 930
- [1999] 4 SLR 111
- Costs of Appeal
- Outcome: The court ordered the appellants to pay the costs of the appeal, finding that their appeal was conducted 'extravagantly and unnecessarily'.
- Category: Procedural
- Related Cases:
- [1993] 1 SLR 372
- [1999] 4 SLR 111
- Termination of Tenancy Agreement
- Outcome: The court found that the Collector of Land Revenue legitimately exercised his power to terminate the agreement under r 29(1) of the State Lands Rules.
- Category: Substantive
8. Remedies Sought
- Warrant for Dispossession
- Costs of Prosecution
- Costs of Appeal
9. Cause of Actions
- Unlawful Occupation of State Land
10. Practice Areas
- Criminal Law
- Appeals
- Landlord and Tenant Law
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Oh Cheng Hai v Ong Yong Yew | High Court | Yes | [1993] 3 SLR 930 | Singapore | Cited for the principle governing the court's discretion under s 401(1) of the Criminal Procedure Code regarding the payment of prosecution costs. |
| Arts Niche Cyber Distribution Pte Ltd v PP | High Court | Yes | [1999] 4 SLR 111 | Singapore | Affirmed the principle in Oh Cheng Hai v Ong Yong Yew regarding the court's discretion under s 401(1) of the Criminal Procedure Code. |
| Jasbir Kaur v Mukhtiar Singh | High Court | No | [1999] 2 SLR 349 | Singapore | Cited to determine whether the accused's defence has been conducted 'extravagantly and unnecessarily'. |
| Wee Soon Kim Anthony v PP | High Court | Yes | [1993] 1 SLR 372 | Singapore | Cited for the principle that s 262(1) of the CPC leaves the question of costs of a criminal appeal entirely to the High Court. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| State Lands Encroachments Act (Cap 315) | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- State Lands Encroachments Act
- Warrant for Dispossession
- Tenancy Agreement
- State Lands Rules
- Rental Arrears
- Costs of Prosecution
- Costs of Appeal
- Unlawful Occupation
15.2 Keywords
- State land
- unlawful occupation
- costs
- prosecution
- appeal
- tenancy agreement
- warrant for dispossession
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| State Land Law | 80 |
| Criminal Procedure | 75 |
| Dispossession | 65 |
| Property Law | 60 |
| Contract Law | 50 |
16. Subjects
- Criminal Procedure
- Land Law
- Costs