Fu Loong v Mok: Invalidating MCST Chairperson Rulings on Motions at General Meeting
In Fu Loong Lithographer Pte Ltd and others v Mok Wai Hoe and another, the High Court of Singapore addressed an application by Fu Loong Lithographer Pte Ltd and others to invalidate rulings made by Mok Wai Hoe, the chairperson of Management Corporation Strata Title Plan No 1024, regarding motions at an Extraordinary General Meeting. The court invalidated some of the chairperson's rulings, specifically concerning the appointment of legal representatives and contractors, but validated rulings on other motions related to past resolutions and late payment interest charges. The court also addressed the rejection of certain votes and ultimately granted the application in part.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application allowed in part; some of the chairperson's rulings were invalidated.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court decision regarding the validity of rulings made by the chairperson of a Management Corporation Strata Title. The court invalidated some rulings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Fu Loong Lithographer Pte Ltd | Plaintiff | Corporation | Application allowed in part | Partial | Leo Cheng Suan, Teh Ee-von |
| In-Lite Enterprise (S) Pte Ltd | Plaintiff | Corporation | Application allowed in part | Partial | Leo Cheng Suan, Teh Ee-von |
| Caldecott Direct Marketing (Pte) Ltd | Plaintiff | Corporation | Application allowed in part | Partial | Leo Cheng Suan, Teh Ee-von |
| Poh Kim Video Pte Ltd | Plaintiff | Corporation | Application allowed in part | Partial | Leo Cheng Suan, Teh Ee-von |
| CKT Thomas Pte Ltd | Plaintiff | Corporation | Application allowed in part | Partial | Leo Cheng Suan, Teh Ee-von |
| Hock Guan Cheong Builder Pte Ltd | Plaintiff | Corporation | Application allowed in part | Partial | Leo Cheng Suan, Teh Ee-von |
| LCE Electrical Engineering Pte Ltd | Plaintiff | Corporation | Application allowed in part | Partial | Leo Cheng Suan, Teh Ee-von |
| KDT Holdings Pte Ltd | Plaintiff | Corporation | Application allowed in part | Partial | Leo Cheng Suan, Teh Ee-von |
| Mok Wai Hoe | Defendant | Individual | Application dismissed in part | Dismissed | Lee Peng Khoon Edwin, Poonam Bai d/o Ramakrishnan Gnanasekaran |
| Management Corporation Strata Title Plan No 1024 | Defendant | Corporation | Application dismissed in part | Dismissed | Tan Tian Luh, Lin Zixian |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Leo Cheng Suan | Infinitus Law Corporation |
| Teh Ee-von | Infinitus Law Corporation |
| Lee Peng Khoon Edwin | Eldan Law LLP |
| Poonam Bai d/o Ramakrishnan Gnanasekaran | Eldan Law LLP |
| Tan Tian Luh | Chancery Law Corporation |
| Lin Zixian | Chancery Law Corporation |
4. Facts
- Plaintiffs sought to invalidate rulings made by the 1st Defendant as chairperson of the 2nd Defendant.
- The rulings concerned motions submitted by the Plaintiffs at an Extraordinary General Meeting.
- The Plaintiffs alleged that MWC had wrongfully used the funds of the 2nd Defendant.
- The 1st Defendant ruled that certain motions were out of order for various reasons.
- The Plaintiffs were dissatisfied with the rulings and filed this application.
- The 1st Defendant sought legal advice before making the rulings.
5. Formal Citations
- Fu Loong Lithographer Pte Ltd and others v Mok Wai Hoe and another, Originating Summons No 569 of 2013, [2013] SGHC 226
6. Timeline
| Date | Event |
|---|---|
| Plaintiffs requisitioned an Extraordinary General Meeting to call for a vote of no confidence in MWC as chairperson. | |
| Council meeting held; MWC resigned as chairperson, and the 1st Defendant was elected as the new chairperson. | |
| Plaintiffs convened an Extraordinary General Meeting; the 1st Defendant closed the meeting. | |
| Council convened an Annual General Meeting; Plaintiffs convened their own AGM. | |
| Plaintiffs filed S 311/2012 against MWC. | |
| The 2nd Defendant and other individuals were added as third parties to S 311/2012. | |
| Plaintiffs requisitioned an Extraordinary General Meeting to consider and pass various motions. | |
| Architect's report obtained regarding subdivision of lots. | |
| Extraordinary General Meeting held; the 1st Defendant ruled certain motions out of order. | |
| Plaintiffs filed this application. | |
| Decision Date |
7. Legal Issues
- Validity of Chairperson's Rulings
- Outcome: The court invalidated the chairperson's rulings on Motions 1(b) and 1(e) but validated the rulings on Motions 3(a), 3(b), 8, and 9.
- Category: Substantive
- Sub-Issues:
- Conflict with Building Maintenance and Strata Management Act
- Unenforceability of motions
- Voting Rights of Subsidiary Proprietors
- Outcome: The court validated the chairperson's decision to reject the Plaintiffs' votes on Motion 2.
- Category: Substantive
- Sub-Issues:
- Conflict of interest
- Rejection of votes
- Jurisdiction of High Court vs Strata Titles Board
- Outcome: The court held that it had jurisdiction to hear the dispute, as the BMSMA does not oust the jurisdiction of the courts.
- Category: Jurisdictional
- Related Cases:
- [2008] SGHC 232
8. Remedies Sought
- Invalidation of Rulings
- Injunction
9. Cause of Actions
- Breach of Duty
- Improper Exercise of Power
10. Practice Areas
- Strata Management Disputes
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Teo Kim Hui and Another v Kwok Wai Hon | High Court | Yes | [2008] SGHC 232 | Singapore | Cited to support the proposition that the Strata Titles Board is merely an alternative tribunal and does not oust the jurisdiction of the subordinate courts. |
| Kwok Wai Hon v Teo Kim Hui and Another | District Court | Yes | [2008] SGMC 4 | Singapore | Cited for the reasoning that the BMSMA does not provide for the exclusive jurisdiction of the Strata Titles Board. |
| Ting Sing Ning (alias Malcolm Ding) v Ting Chek Swee (alias Ting Chik Sui) and others | Court of Appeal | Yes | [2008] 1 SLR(R) 197 | Singapore | Cited for the statement of the rule in Foss v Harbottle and the exceptions thereto. |
| Foss v Harbottle | N/A | Yes | (1843) 2 Hare 461; 67 ER 189 | England and Wales | Cited as the origin of the proper plaintiff rule. |
| Prudential Assurance Co Ltd v Newman Industries Ltd (No 2) | English Court of Appeal | Yes | [1982] Ch 204 | England and Wales | Cited for the classic statement of the principle in Foss v Harbottle and the exceptions thereto. |
| Revenue and Customs Commissioners v Total Network SL | N/A | No | [2008] 1 AC 1174 | England and Wales | Cited to define the word 'unlawful'. |
| R v Clarence | N/A | No | (1888) 22 QBD 23 | England and Wales | Cited to define the word 'unlawfully'. |
| Allen v Flood | N/A | No | [1898] AC 1 | England and Wales | Cited in relation to the definition of 'unlawfully'. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Management Corporation
- Subsidiary Proprietors
- Extraordinary General Meeting
- Motions
- Chairperson
- Strata Titles Board
- Building Maintenance and Strata Management Act
- Council
- Share Value
- Management Fund
- Sinking Fund
15.2 Keywords
- Management Corporation
- Strata Title
- Motions
- Chairperson
- Rulings
- Singapore
- High Court
16. Subjects
- Strata Management
- Civil Procedure
17. Areas of Law
- Strata Title Law
- Civil Procedure