Sum Lye Heng v Management Corporation: Abuse of Process & Strata Titles Act

In Sum Lye Heng (also known as Lim Jessie) v Management Corporation Strata Title Plan No 2285 and Others, the Singapore High Court granted Sum Lye Heng's application to restrain the Management Corporation Strata Title Plan No 2285 from prosecuting her for alleged breaches of sections 66(1) and 67(2) of the Land Titles (Strata) Act. The court found that the complaint and private summons amounted to an abuse of process, given the prior conduct of the council members and the circumstances surrounding the complaint. The court ordered a permanent stay of the private summons.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiff's application allowed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court restrains MC from prosecuting Sum Lye Heng for alleged breaches of the Land Titles (Strata) Act, finding abuse of process.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Chua Boon ChyeDefendantIndividual
Management Corporation Strata Title Plan No 2285DefendantCorporationApplication DismissedLost
Loke Mei Peng AmandaDefendantIndividual
Tan Kim Siang RaymondDefendantIndividual
Chan Tian SooDefendantIndividual
Lim Teck ChayDefendantIndividual
Wong Oong KwongDefendantIndividual
Chua Choon HuatDefendantIndividual
Sum Lye Heng (also known as Lim Jessie)PlaintiffIndividualApplication AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Peter LowPeter Low Tang & Belinda Ang
Lim Chor PeeChor Pee & Partners
Rani KrishnaChor Pee & Partners

4. Facts

  1. Sum Lye Heng was the Chairperson of the Management Corporation Strata Title Plan No 2285.
  2. A complaint was filed against Sum Lye Heng for allegedly breaching sections 66(1) and 67(2) of the Land Titles (Strata) Act.
  3. The complaint arose from Sum Lye Heng's involvement as a director and shareholder of SCMS Property Management Pte Ltd.
  4. Sum Lye Heng declared her interest in SCMS at a Council meeting on 29 May 2002.
  5. Existing Council Members took issue with Sum Lye Heng sending a letter to the Commissioner of Buildings.
  6. The relationship between Sum Lye Heng and the Existing Council Members became acrimonious.
  7. The new Council decided to proceed with the complaint against Sum Lye Heng.

5. Formal Citations

    6. Timeline

    DateEvent
    First Annual General Meeting of the Management Corporation Strata Title Plan No 2285 held.
    Lee Chee Kiong resigned from the Council.
    Sum Lye Heng was appointed Chairperson of the Council.
    Premas International Limited was instructed to prepare tender documents.
    Premas International Limited stated it would not be submitting a tender.
    SCMS Property Management Pte Ltd submitted its tender.
    Council meeting purportedly held where Sum Lye Heng declared her interest.
    Premas International Limited stated it would not be continuing its services after the second AGM.
    Council meeting held where Sum Lye Heng declared her interest.
    Sum Lye Heng wrote to the Commissioner of Buildings.
    Premas International Limited sent a letter to the Commissioner of Buildings.
    Existing Council Members sent a letter to the Commissioner of Buildings.
    Council meeting where Sum Lye Heng and Janet Lim walked out.
    Sum Lye Heng tendered her resignation as Chairman of the Council.
    Janet Lim tendered her resignation as Secretary of the Council.
    Existing Council Members sent a notice to subsidiary proprietors.
    Second Annual General Meeting held.
    Existing Council Members filed an action against Janet Lim for defamation.
    Newspaper reports concerning People’s Park Centre controversy began.
    Chan Tian Soo lodged the Complaint.
    Newspaper reports concerning People’s Park Centre controversy ended.
    Chan Tian Soo lodged the Complaint which gave rise to the Private Summons in question.
    Sum Lye Heng filed an action in OS 230 of 2003.
    Sum Lye Heng's solicitors wrote to the Management Corporation's solicitors.
    Management Corporation's solicitors replied that all seven Council members had voted to proceed.
    Sum Lye Heng filed the present application.
    Decision Date

    7. Legal Issues

    1. Abuse of Process
      • Outcome: The court found that the private summons against the plaintiff amounted to an abuse of process, justifying a stay.
      • Category: Procedural
      • Related Cases:
        • [1993] 3 SLR 850
        • [1991-1992] 174 CLR 509
    2. Breach of Land Titles (Strata) Act
      • Outcome: The court found that the council was precluded from making the complaint, on which the prosecution of the Private Summons rested.
      • Category: Substantive
    3. Inherent Jurisdiction of the High Court
      • Outcome: The court affirmed its inherent jurisdiction to grant a stay of proceedings in a subordinate court to prevent abuse of process.
      • Category: Jurisdictional
      • Related Cases:
        • [1993] 3 SLR 850
        • [1991-1992] 174 CLR 509

    8. Remedies Sought

    1. Restraint of Prosecution
    2. Permanent Stay of Private Summons

    9. Cause of Actions

    • Abuse of Process
    • Breach of Statutory Duty

    10. Practice Areas

    • Litigation

    11. Industries

    • Real Estate

    12. Cited Cases

    Case NameCourtAffirmedCitationJurisdictionSignificance
    Heng Joo See v Ho Pol LingHigh CourtYes[1993] 3 SLR 850SingaporeCited for the proposition that the High Court has jurisdiction to order a stay of further proceedings in a Private Summons which was to be heard by a subordinate court and for the inherent powers of the court to prevent injustice or abuse of process.
    Williams and others v SpautzHigh CourtYes[1991-1992] 174 CLR 509AustraliaCited for the principle that superior courts have inherent jurisdiction to stay proceedings which are an abuse of process, extending to both civil and criminal proceedings, especially when the prosecution is commenced for an improper purpose.

    13. Applicable Rules

    Rule Name
    No applicable rules

    14. Applicable Statutes

    Statute NameJurisdiction
    Land Titles (Strata) Act (Cap 158, 1999 Rev Ed) s 66(1)Singapore
    Land Titles (Strata) Act (Cap 158, 1999 Rev Ed) s 67(2)Singapore

    15. Key Terms and Keywords

    15.1 Key Terms

    • Abuse of Process
    • Strata Title
    • Management Corporation
    • Private Summons
    • Land Titles (Strata) Act
    • Council Member
    • Declaration of Interest
    • Managing Agent
    • Inherent Jurisdiction
    • Permanent Stay

    15.2 Keywords

    • Strata Titles Act
    • Abuse of Process
    • Management Corporation
    • Singapore
    • High Court
    • Lim Jessie
    • Sum Lye Heng

    17. Areas of Law

    Area NameRelevance Score
    Strata Management80
    Abuse of Process75
    Property Law70
    Estoppel65
    Civil Procedure60
    Administrative Law30
    Corporate Law20

    16. Subjects

    • Civil Procedure
    • Strata Titles
    • Abuse of Process