Calwealth Properties v MCST No 562: Res Judicata & Strata Title Upgrading Dispute

Calwealth Properties Pte Ltd, a subsidiary proprietor, filed an originating summons in the High Court of Singapore against Management Corporation Strata Title Plan No 562, seeking to set aside an order of the Strata Titles Board and challenge resolutions related to upgrading works. Lee Seiu Kin J dismissed the application on May 5, 2009, citing res judicata, as the issues had been previously decided in Originating Summons No 688 of 2007, except for the request for documents and records relating to the works undertaken.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed, except for the request for documents and records relating to the works undertaken.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Calwealth Properties' application to set aside a Strata Titles Board order was dismissed due to res judicata, re-litigating issues from a prior High Court decision.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Calwealth Properties Pte LtdPlaintiffCorporationApplication dismissed in partPartial
Management Corporation Strata Title Plan No 562DefendantCorporationWonWon

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
Renganathan NandakumarKhattarWong
Haresh KamdarKhattarWong
Lee Eng BengRajah & Tann LLP
Mark Cheng Wai YuenRajah & Tann LLP

4. Facts

  1. Calwealth is one of four subsidiary proprietors at the property at 70 Anson Road.
  2. The MCST is the management corporation of the property.
  3. Calwealth filed an originating summons to set aside the order of the Strata Titles Board.
  4. The dispute arose out of a resolution passed by the majority subsidiary proprietors for the MCST to carry out upgrading works on the Property.
  5. Calwealth had previously filed OS 688 to challenge the MCST on the upgrading works.
  6. Prakash J dismissed Calwealth’s application in OS 688.
  7. Calwealth filed an application to the STB, which prayed for orders related to the upgrading works.

5. Formal Citations

  1. Calwealth Properties Pte Ltd v Management Corporation Strata Title Plan No 562, OS 1326/2008, [2009] SGHC 108

6. Timeline

DateEvent
Extraordinary General Meeting held
Extraordinary General Meeting held
Originating Summons No 688 of 2007 filed in the High Court
Calwealth’s application dismissed
Application filed to the Strata Titles Board
Strata Titles Board ruled that the Application be stayed sine die
Application dismissed

7. Legal Issues

  1. Res Judicata
    • Outcome: The court held that Calwealth was precluded by the doctrine of res judicata from re-litigating issues that had been decided by Prakash J in OS 688.
    • Category: Substantive
  2. Abuse of Process
    • Outcome: The court found that Calwealth's actions amounted to an abuse of the process of court.
    • Category: Procedural

8. Remedies Sought

  1. Order setting aside the order of the Strata Titles Board
  2. Order requiring the Strata Titles Board to hear the application
  3. Determination on the application
  4. Declaration that resolutions passed at EGMs are invalid
  5. Order that upgrading works were not duly authorised
  6. Order that works undertaken are not reasonable and/or necessary
  7. Order for the respondents to bear all costs incurred on the rectification works
  8. Order for the respondents to bear the cost of the unauthorised works or works which were not reasonable and/or unnecessary
  9. Order to vary the contributions levied
  10. Order that the respondents provide information and make available all documents and records relating to the works undertaken
  11. Order for the respondents to pay the applicants costs of the proceedings before the Board
  12. Order for the respondents to pay the applicants all legal and consultants’ fees and expenses

9. Cause of Actions

  • Challenging validity of resolutions passed at EGMs
  • Seeking orders related to upgrading works

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Calwealth Properties Pte Ltd v Management Corporation Strata Title Plan No 562High CourtYes[2009] SGHC 108SingaporeThis is the current case.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Building Maintenance And Strata Management Act 2004Singapore
Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Strata Titles Board
  • Management Corporation
  • Subsidiary Proprietors
  • Upgrading Works
  • Extraordinary General Meeting
  • Res Judicata

15.2 Keywords

  • Strata Titles Board
  • Management Corporation
  • Upgrading Works
  • Res Judicata
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Res Judicata95
Strata Title Law80
Property Law70
Striking Out Applications60
Construction Law30
Administrative Law20

16. Subjects

  • Strata Title Law
  • Civil Litigation
  • Res Judicata