Swee Hong Investment v Collector of Land Revenue: Land Acquisition Compensation & En Bloc Sale Potential
Swee Hong Investment Pte Ltd appealed against the Land Acquisition Appeals Board's award of compensation for the compulsory acquisition of their five strata lots in an industrial building. The Court of Appeal of Singapore, on 12 February 2004, dismissed the appeal, holding that the Board did not err in valuing the lots separately and that the potential for a future en bloc sale should not be considered in determining the compensation payable.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding land acquisition compensation. Court held that the potential for future en bloc sale should not be considered when valuing individual strata lots.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Swee Hong Investment Pte Ltd | Appellant | Corporation | Appeal dismissed | Lost | Jeffrey Beh, Lee Bon Leong |
| Collector of Land Revenue | Respondent | Government Agency | Appeal dismissed | Won | Leonard Goh |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of Appeal | Yes |
| Woo Bih Li | Judge | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jeffrey Beh | Lee Bon Leong and Co |
| Lee Bon Leong | Lee Bon Leong and Co |
| Leonard Goh | Attorney-General's Chambers |
4. Facts
- Swee Hong Investment Pte Ltd owned five strata lots in Swee Hong Industrial Building.
- The land was acquired for the construction of the Circle Line and comprehensive development.
- The Collector of Land Revenue initially awarded $9,066,000 to Swee Hong.
- Swee Hong claimed that the proper compensation was $25,909,000.
- The Land Acquisition Appeals Board awarded Swee Hong $10,785,000.
- Swee Hong appealed, arguing that the land should have been valued as a whole.
5. Formal Citations
- Swee Hong Investment Pte Ltd v Collector of Land Revenue, CA 7/2003, [2004] SGCA 5
6. Timeline
| Date | Event |
|---|---|
| Notification under s 5 of the Land Acquisition Act published in the Gazette. | |
| Collector of Land Revenue made a total award of $9,066,000 to Swee Hong. | |
| Appeal heard by the Court of Appeal. | |
| Appeal dismissed. |
7. Legal Issues
- Valuation of Land
- Outcome: The court held that the Board did not err in valuing the lots separately and that the potential for a future en bloc sale should not be considered.
- Category: Substantive
- Sub-Issues:
- Consideration of potential en bloc sale
- Valuation of strata lots
8. Remedies Sought
- Increased compensation for land acquisition
9. Cause of Actions
- Appeal against award of compensation
10. Practice Areas
- Real Estate Law
- Land Acquisition
- Appeals
11. Industries
- Real Estate
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tiessen Trading Pte Ltd v Collector of Land Revenue | Court of Appeal | Yes | [2000] 3 SLR 1 | Singapore | Cited regarding the proper method of land valuation and whether it constitutes a question of law or fact. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Land Acquisition Act (Cap 152, 1985 Rev Ed) | Singapore |
| Planning Act (Cap 232, 1998 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Land acquisition
- Compensation
- En bloc sale
- Strata lots
- Market value
- Gross plot ratio
15.2 Keywords
- land acquisition
- compensation
- en bloc sale
- strata title
- valuation
- Swee Hong
16. Subjects
- Land Law
- Compulsory Acquisition
- Valuation
17. Areas of Law
- Land Acquisition Law
- Valuation Law