Teng Fuh Holdings v Collector of Land Revenue: Certiorari, Mandamus & Land Acquisition
Teng Fuh Holdings Pte Ltd appealed to the Court of Appeal of Singapore against the Collector of Land Revenue's decision to dismiss their application for leave to apply for an order of certiorari and an order of mandamus. The appellant sought to quash a 1983 declaration acquiring their land for general redevelopment and to compel the respondent to reconvey the land. The court, comprising Kan Ting Chiu J, Judith Prakash J, and Tan Lee Meng J, dismissed the appeal, finding that the application was filed out of time.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal dismissed with costs.
1.3 Case Type
Administrative
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Teng Fuh Holdings sought certiorari and mandamus to quash a land acquisition declaration. The court dismissed the appeal due to the application being filed out of time.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Teng Fuh Holdings Pte Ltd | Appellant | Corporation | Appeal Dismissed | Lost | Tan Kay Kheng, Aw Charmian |
| Collector of Land Revenue | Respondent | Government Agency | Appeal Dismissed | Won | Eric Chin |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu J | Judge | Yes |
| Judith Prakash J | Judge | No |
| Tan Lee Meng J | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Kay Kheng | Wong Partnership |
| Aw Charmian | Wong Partnership |
| Eric Chin | Attorney-General's Chambers |
4. Facts
- The appellant applied for leave to apply for an order of certiorari and an order of mandamus.
- The appellant wanted to quash a declaration that its land was to be acquired for general redevelopment.
- The appellant wanted a mandatory order to reconvey the land upon repayment of compensation.
- The appellant argued the acquisition was ultra vires and in bad faith.
- The land had not been redeveloped but leased back to the appellant.
- The land was rezoned from “Industrial” to “Residential” under the 1993 Kallang Development Guide Plan.
- The application was filed more than 22½ years from the declaration of 26 February 1983.
5. Formal Citations
- Teng Fuh Holdings Pte Ltd v Collector of Land Revenue, CA 31/2006, [2007] SGCA 14
6. Timeline
| Date | Event |
|---|---|
| Declaration No 638 issued under s 5 of the Land Acquisition Act. | |
| Land rezoned as “Residential” under the 1993 Kallang Development Guide Plan. | |
| Appellant became aware of the change in zoning. | |
| Appellant's solicitors wrote to the Ministry of Law to appeal for the land to be returned. | |
| Ministry of Law rejected the request. | |
| Appellant applied for leave to apply for an order of certiorari and an order of mandamus. | |
| Judgment reserved. |
7. Legal Issues
- Whether application for leave for order of certiorari and mandamus made out of time
- Outcome: The court held that the application was made out of time.
- Category: Procedural
- Sub-Issues:
- Delay in filing application
- Commencement of three-month period under O 53 r 1(6) of Rules of Court
- Whether sufficient grounds for leave for order of certiorari and mandamus to be granted under O 53 r 1(1) of Rules of Court existing
- Outcome: The court found that if the application had been made in time, a reasonable argument could have been made for leave to be granted.
- Category: Substantive
- Sub-Issues:
- Acquisition made ultra vires
- Acquisition made in bad faith
- Failure to redevelop land
- Rezoning of land
8. Remedies Sought
- Quashing Order
- Mandatory Order
- Reconveyance of Land
9. Cause of Actions
- Judicial Review
- Certiorari
- Mandamus
10. Practice Areas
- Judicial Review
- Land Use Regulation
11. Industries
- Real Estate
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| The Ydun | English Court of Appeal | Yes | [1899] P 236 | England and Wales | Cited for the principle that procedural changes apply to all actions unless the contrary is expressed, but existing rights of action are not taken away unless explicitly stated. |
| Yew Bon Tew v Kenderaan Bas Mara | Privy Council | Yes | [1983] 1 MLJ 1 | Malaysia | Cited for the principle that a statute should not be interpreted retrospectively to impair an existing right unless the language used makes that result unavoidable. |
| Chan Hiang Leng Colin v Minister for Information and the Arts | NA | Yes | [1996] 1 SLR 609 | Singapore | Cited for the standard of proof required to obtain leave for judicial review, specifically the 'arguable case' or 'prima facie case of reasonable suspicion' test. |
| Yeap Seok Pen v Government of the State of Kelantan | Privy Council | Yes | [1986] 1 MLJ 449 | Malaysia | Cited for the principle that the burden of proving bad faith lies on the party asserting it, and the court will consider all evidence, including any explanation from the respondent. |
| Gulam Mustafa v The State of Maharashtra | Indian Supreme Court | Yes | AIR 1977 Supreme Court 448 | India | Cited regarding whether a valid compulsory acquisition is voided if the land is later diverted to a different public purpose. |
| Mangal Oram v State of Orissa | Indian Supreme Court | Yes | AIR 1977 Supreme Court 1456 | India | Cited regarding whether a valid compulsory acquisition is voided if the land is later diverted to a different public purpose. |
| State of Maharashtra v Mahadeo Deoman Rai | Indian Supreme Court | Yes | [1990] 2 SCR 533 | India | Cited for the principle that public schemes may be modified or substituted due to changing circumstances and evolving social life. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Land Acquisition Act (Cap 152, 1985 Rev Ed) | Singapore |
| Order 53 r 1 Rules of Court (Cap 322, R 5, 2004 Rev Ed) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Certiorari
- Mandamus
- Land Acquisition
- Ultra Vires
- Bad Faith
- General Redevelopment
- Rezoning
- Rules of Court
- Limitation Period
- Public Purpose
15.2 Keywords
- certiorari
- mandamus
- land acquisition
- judicial review
- administrative law
- Singapore
16. Subjects
- Administrative Law
- Land Law
- Civil Procedure
17. Areas of Law
- Administrative Law
- Land Acquisition Law
- Certiorari
- Mandamus