Teo Kim Hui v Kwok Wai Hon: Dispute over Water Seepage and Jurisdiction of Strata Titles Board
In Teo Kim Hui and Another v Kwok Wai Hon, the High Court of Singapore, presided over by Justice Lai Siu Chiu on 11 December 2008, dismissed an originating summons by Teo Kim Hui and Lim Ah Mui seeking leave to appeal to the Court of Appeal. The dispute concerned water seepage from the plaintiffs' unit into the defendant's unit and the jurisdiction of the Strata Titles Board versus the subordinate courts to hear such disputes. The court upheld the lower court's decision that the subordinate courts have jurisdiction, dismissing the originating summons with costs to the defendant.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Originating Summons dismissed with costs to the defendant.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court refused leave to appeal a decision regarding a water seepage dispute between strata title owners, affirming the subordinate court's jurisdiction.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Teo Kim Hui | Plaintiff | Individual | Application Dismissed | Lost | |
| Lim Ah Mui alias Lim Teck Seng | Plaintiff | Individual | Application Dismissed | Lost | |
| Kwok Wai Hon | Defendant | Individual | Successful Defence | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chia Ti Lik | Chia Ngee Thuang & Co |
| Leo Cheng Suan | Infinitus Law Corporation |
4. Facts
- Plaintiffs and defendant owned adjacent units in Goodwill Mansion.
- Defendant complained of water seepage from the plaintiffs' unit.
- Plaintiffs attempted to resolve the complaint amicably.
- Defendant commenced proceedings in MC Suit 1578 of 2008.
- Plaintiffs applied to strike out the proceedings, arguing the Strata Titles Board had jurisdiction.
- The deputy registrar dismissed the application, and the plaintiffs' appeal was also dismissed.
- The plaintiffs sought leave to appeal to the Court of Appeal, which was denied.
5. Formal Citations
- Teo Kim Hui and Another v Kwok Wai Hon, OS 1121/2008, [2008] SGHC 232
6. Timeline
| Date | Event |
|---|---|
| Defendant complained of water seepage from the plaintiffs’ unit. | |
| Plaintiffs failed to make good the leakage. | |
| Defendant commenced proceedings in MC Suit 1578 of 2008. | |
| Plaintiffs applied to strike out the proceedings. | |
| High Court dismissed the Registrar's Appeal No. 51 of 2008. | |
| Deadline for plaintiffs to request further arguments. | |
| Plaintiffs attempted to file a notice of appeal to the Court of Appeal. | |
| Plaintiffs made a second attempt to file their notice of appeal to the Court of Appeal. | |
| Plaintiffs filed Originating Summons No. 1121 of 2008. | |
| Originating Summons dismissed with costs to the defendant. |
7. Legal Issues
- Jurisdiction of Strata Titles Board vs. Subordinate Courts
- Outcome: The court held that the subordinate courts have jurisdiction over disputes between strata title owners, even where the Strata Titles Board also has jurisdiction.
- Category: Jurisdictional
- Leave to Appeal
- Outcome: The court refused to grant leave to appeal, finding no important question of law involved.
- Category: Procedural
- Related Cases:
- [1997] 3 SLR 489
- [2006] 3 SLR 216
- [2001] 4 SLR 262
8. Remedies Sought
- Leave to Appeal
- Striking out of proceedings
9. Cause of Actions
- Nuisance
- Water Leakage
10. Practice Areas
- Civil Litigation
11. Industries
- Real Estate
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lee Kuan Yew v Tan Liang Hong | High Court | Yes | [1997] 3 SLR 489 | Singapore | Cited for principles on when leave to appeal is sought. |
| Candid Water Cooler Pte Ltd v United Overseas Bank Ltd | High Court | Yes | [2006] 3 SLR 216 | Singapore | Cited for principles on when leave to appeal is sought. |
| Goh Kim Heong and others v AT & J Co Pte Ltd | High Court | Yes | [2001] 4 SLR 262 | Singapore | Cited regarding minor disputes and expenditure of time and costs. |
13. Applicable Rules
| Rule Name |
|---|
| Order 56 r 3 of the Rules of Court |
| Order 18 r 19(1) of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R5, 2006 Rev Ed) | Singapore |
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) | Singapore |
| Subordinate Courts Act (Cap 321 2007 Rev Ed) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| International Arbitration Act (Cap 143A 2002 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Strata Titles Board
- Water Seepage
- Jurisdiction
- Leave to Appeal
- Subsidiary Proprietor
- Building Maintenance
- Registrar's Appeal
15.2 Keywords
- Strata Titles Board
- Water Seepage
- Jurisdiction
- Leave to Appeal
- Building Maintenance and Strata Management Act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Strata Title Law | 85 |
| Civil Practice | 75 |
| Real Estate | 60 |
| Property Law | 50 |
| Jurisdiction | 40 |
| Construction Law | 30 |
| Administrative Law | 25 |
16. Subjects
- Civil Procedure
- Strata Management
- Jurisdiction