Lim Choo Suan Elizabeth v Goh Kok Hwa Richard: Collective Sale Approval Appeal
In Lim Choo Suan Elizabeth and Others v Goh Kok Hwa Richard and Others, the High Court of Singapore heard an appeal against the Strata Titles Board's decision to approve the collective sale of Rainbow Gardens. The plaintiffs, Lim Choo Suan Elizabeth, Lim Poh Heng, Tan Peck Kheng, and Koh Hock Chuan, raised several legal issues, including non-compliance with the Land Titles (Strata) Act and allegations of bias. Justice Woo Bih Li dismissed the appeal, finding no errors of law in the Board's decision. The court upheld the collective sale order, emphasizing that technical breaches without prejudice should not frustrate the wishes of the majority.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against Strata Titles Board's approval of Rainbow Gardens' collective sale. The High Court dismissed the appeal, upholding the Board's decision.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lim Choo Suan Elizabeth | Appellant | Individual | Appeal Dismissed | Lost | David Liew |
| Lim Poh Heng | Appellant | Individual | Appeal Dismissed | Lost | David Liew |
| Tan Peck Kheng | Appellant | Individual | Appeal Dismissed | Lost | David Liew |
| Koh Hock Chuan | Appellant | Individual | Appeal Dismissed | Lost | David Liew |
| Goh Kok Hwa Richard | Respondent | Individual | Appeal Dismissed | Won | Gan Hiang Chye, Edwin Lee, Hazel Tang, Deborah Ho |
| Soh Liang Liang | Respondent | Individual | Appeal Dismissed | Won | Gan Hiang Chye, Edwin Lee, Hazel Tang, Deborah Ho |
| Lee Choon Kum Beatrice | Respondent | Individual | Appeal Dismissed | Won | Gan Hiang Chye, Edwin Lee, Hazel Tang, Deborah Ho |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| David Liew | DSH Law Corporation |
| Gan Hiang Chye | Rajah & Tann LLP |
| Edwin Lee | Rajah & Tann LLP |
| Hazel Tang | Rajah & Tann LLP |
| Deborah Ho | Rajah & Tann LLP |
4. Facts
- The plaintiffs appealed against the Strata Titles Board's decision approving the collective sale of Rainbow Gardens.
- The plaintiffs alleged non-compliance with s 84A(3) LTSA read with paragraph 1(f) of the Schedule to the LTSA.
- The plaintiffs alleged that the CSA was not signed by subsidiary proprietors holding at least 80% of the share value of RG.
- The plaintiffs alleged that the transaction was not in good faith having regard to the sale price in the SPA.
- The plaintiffs alleged that the President of the RG Board was biased or there was a reasonable suspicion of bias on his part.
- The plaintiffs alleged that the President of the RG Board violated the rules of natural justice.
- The plaintiffs alleged that the STB erred in law in granting the collective sale order in making wrong findings of facts in the GD.
5. Formal Citations
- Lim Choo Suan Elizabeth and Others v Goh Kok Hwa Richard and Others, OS 664/2008, [2009] SGHC 114
6. Timeline
| Date | Event |
|---|---|
| Application made for collective sale order of Rainbow Gardens | |
| Minority filed objections to the application | |
| First mediation session held | |
| Second mediation session held | |
| Majority filed an interlocutory application | |
| Minority filed an interlocutory application to strike out the application | |
| Hearing of the two interlocutory applications commenced | |
| RG Board dismissed both interlocutory applications with costs | |
| Hearing of the application proceeded | |
| Hearing of the application proceeded | |
| Hearing of the application proceeded | |
| Hearing of the application proceeded | |
| Hearing of the application proceeded | |
| Hearing of the application proceeded | |
| Minority filed appeal to the High Court | |
| Board granted an order for the collective sale of Rainbow Gardens | |
| High Court dismissed the appeal |
7. Legal Issues
- Breach of Natural Justice
- Outcome: The court found that the President of the Strata Titles Board was not biased and had not predetermined the Application.
- Category: Procedural
- Sub-Issues:
- Excessive interruptions during hearing
- Remarks made by President of Strata Titles Board during hearing
- Failure to subpoena witness
- Compliance with Land Titles (Strata) Act
- Outcome: The court found that there was non-compliance with s 84A(3) LTSA read with paragraph 1(f) of the Schedule to the LTSA but that the breach did not cause prejudice.
- Category: Substantive
- Validity of Collective Sale Agreement
- Outcome: The court found that the collective sale agreement was signed by the requisite majority in share value.
- Category: Substantive
- Good Faith in Transaction
- Outcome: The court found that the transaction was in good faith and that the sale price was obtained at arm's length.
- Category: Substantive
8. Remedies Sought
- Setting aside the order for collective sale
9. Cause of Actions
- Appeal against decision of Strata Titles Board
10. Practice Areas
- Real Estate Law
- Strata Title Law
- Property Law
- Civil Litigation
11. Industries
- Real Estate
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Siow Doreen v Lo Pui Sang | High Court | Yes | [2008] 1 SLR 213 | Singapore | Cited for the principle that an STB has the power to allow an application for a collective sale order to be amended. |
| Ng Swee Lang v Sassoon Samuel Bernard | High Court | Yes | [2008] 1 SLR 522 | Singapore | Cited for the principle that procedural requirements in the LTSA are not absolute obstacles and that a technical breach of the LTSA which causes no prejudice should not be allowed to frustrate the wishes of a majority who wish to obtain a collective sale order. |
| Ng Swee Lang v Sassoon Samuel Bernard | Court of Appeal | Yes | [2008] 2 SLR 597 | Singapore | Cited for the principle that the modern approach is to consider whether it is the intention of Parliament to invalidate any act done in breach of a statutory provision and that a technical objection that has not caused any prejudice to the minority owners should not prevail. |
| Tan Siew Tian v Lee Khek Ern Ken | High Court | Yes | [2008] 3 SLR 64 | Singapore | Cited regarding the requirement of obtaining the consent of SPs, holding at least 80% of the share values, to a collective sale agreement before an application to an STB could be made. |
| Tan Siew Tian v Lee Khek Ern Ken | Court of Appeal | Yes | [2008] 3 SLR 941 | Singapore | Cited regarding the requirement of obtaining the consent of SPs, holding at least 80% of the share values, to a collective sale agreement before an application to an STB could be made. |
| Chang Mei Wah Selena v Wiener Robert Lorenz | High Court | Yes | [2008] 4 SLR 385 | Singapore | Cited for the principle that a technical breach will not invalidate an application to an STB if there is no prejudice to anyone. |
| Liu Chee Ming v Loo-Lim Shirley | High Court | Yes | [2008] 2 SLR 764 | Singapore | Cited regarding the complaint about a breach of the collective sale agreement from the angle that such a breach established an absence of good faith. |
| Ng Eng Ghee and others v Mamata Kapildev Dave and Others (Horizon Partners Pte Ltd, intervener) | Court of Appeal | Yes | [2009] SGCA 14 | Singapore | Cited for the principle that the sale committee has a duty to obtain an independent valuation prior to settling on the final sale price. |
| Mohammad Ali bin Johari v PP | Court of Appeal | Yes | [2008] 4 SLR 1058 | Singapore | Cited for the principles applicable to judicial interference in the examination and cross-examination of witnesses. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Land Titles (Strata) Act (Cap 158, 1999 Rev Ed) | Singapore |
| Section 84A Land Titles (Strata) Act | Singapore |
| Section 84A(3) Land Titles (Strata) Act | Singapore |
| Section 84B(1)(b) Land Titles (Strata) Act | Singapore |
| Section 84(11) Land Titles (Strata) Act | Singapore |
| Schedule Land Titles (Strata) Act | Singapore |
| Schedule para 1(f) Land Titles (Strata) Act | Singapore |
| Building Maintenance and Strata Management Act 2004 | Singapore |
| Section 98(1) Building Maintenance and Strata Management Act 2004 | Singapore |
| Section 89 Building Maintenance and Strata Management Act 2004 | Singapore |
| Section 90 Building Maintenance and Strata Management Act 2004 | Singapore |
| Section 3 Land Titles (Strata) Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Collective sale
- Strata Titles Board
- Land Titles (Strata) Act
- Subsidiary proprietors
- Share value
- Good faith
- Valuation report
- Minimum selling price
- Collective sale agreement
- Sale and purchase agreement
15.2 Keywords
- Collective sale
- Strata titles
- Land Titles Act
- Singapore
- Real estate
- Property law
- En bloc sale
16. Subjects
- Real Property Law
- Strata Title Law
- Civil Procedure
- Administrative Law
17. Areas of Law
- Administrative Law
- Land Law
- Strata Titles
- Collective Sales