YCH Distripark Pte Ltd v Collector of Land Revenue: Interpretation of Land Acquisition Act s 29(2)
YCH Distripark Pte Ltd appealed against the Collector of Land Revenue's decision regarding compensation for land acquisition. The Collector applied to strike out YCH's notice of appeal, arguing it disclosed no reasonable cause of action under s 29(2) of the Land Acquisition Act. The Court of Appeal dismissed the Collector's application, holding that the phrase 'award, as determined by the Board' refers to the total composite amount awarded, including both disputed and undisputed portions of the Collector's award.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Application dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal held that 'award, as determined by the Board' in s 29(2) of the Land Acquisition Act refers to the total composite amount.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| YCH Distripark Pte Ltd | Appellant | Corporation | Application dismissed | Won | |
| The Collector of Land Revenue | Respondent | Government Agency | Application granted | Lost | Jeyendran s/o Jeyapal of Attorney-General’s Chambers Lim Wei Wen Gordon of Attorney-General’s Chambers Tang Shangjun of Attorney-General’s Chambers |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Judge of Appeal | Yes |
| Judith Prakash | Judge of Appeal | No |
| Woo Bih Li | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Nish Kumar Shetty | Cavenagh Law LLP |
| Krishna Elan | Cavenagh Law LLP |
| Lua Jing Ing Priscilla | Cavenagh Law LLP |
| Ian Choo | Cavenagh Law LLP |
| Jeyendran s/o Jeyapal | Attorney-General’s Chambers |
| Lim Wei Wen Gordon | Attorney-General’s Chambers |
| Tang Shangjun | Attorney-General’s Chambers |
4. Facts
- YCH was the sub-lessee of 30 Tuas Road.
- The Collector issued a declaration to acquire part of the Property under s 5 of the Act.
- RBC Dexia requested the Collector to acquire the whole of the Property.
- YCH submitted a claim for compensation totalling $124,216,984.
- The Collector issued a Collector’s award of $2,750,000 as compensation for the depreciated value of YCH’s ASRS.
- YCH submitted a revised claim for compensation totalling $83,539,708.
- The Collector awarded YCH a total sum of $36,342,327.17.
5. Formal Citations
- YCH Distripark Pte Ltd v Collector of Land Revenue, Civil Appeal No 130 of 2019 (Summons No 73 of 2019), [2019] SGCA 59
6. Timeline
| Date | Event |
|---|---|
| Collector issued a declaration to acquire part of the Property under s 5 of the Act. | |
| RBC Dexia wrote to the Collector requesting it to acquire the whole of the Property. | |
| The Collector issued a Collector’s award of $2,750,000 as compensation for the depreciated value of YCH’s ASRS. | |
| YCH submitted a revised claim for compensation totalling $83,539,708. | |
| The Collector issued a supplementary award for the depreciated value of the ASRS in the sum of $8,215,758. | |
| The Collector filed this application seeking to strike out YCH’s notice of appeal in CA 130/2019. | |
| Court hearing. | |
| Judgment date. |
7. Legal Issues
- Interpretation of s 29(2) of the Land Acquisition Act
- Outcome: The court held that 'award, as determined by the Board' refers to the total composite amount awarded by the Board.
- Category: Substantive
- Sub-Issues:
- Meaning of 'award, as determined by the Board'
- Related Cases:
- [2001] 2 SLR(R) 251
8. Remedies Sought
- Appeal against the Board’s decision
9. Cause of Actions
- Appeal against decision of the Collector of Land Revenue
10. Practice Areas
- Litigation
- Appeals
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Attorney-General v Ting Choon Meng and another appeal | Singapore Court of Appeal | Yes | [2017] 1 SLR 373 | Singapore | Cited for the principle that the court will ascertain the possible interpretations of the text. |
| Collector of Land Revenue v Heng Long Investment Pte Ltd | Singapore Court of Appeal | Yes | [2001] 2 SLR(R) 251 | Singapore | Cited to interpret s 35(1) of the Land Acquisition Act regarding the total composite amounts awarded by the Board and the Collector. |
| Kong Hoo (Pte) Ltd and another v Public Prosecutor | Singapore Court of Appeal | Yes | [2019] 1 SLR 1131 | Singapore | Cited for the principle that extraneous material may be referred to in three situations. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Land Acquisition Act (Cap 152, 1985 Rev Ed) | Singapore |
| Interpretation Act (Cap 1, 2002 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Land Acquisition Act
- Collector's award
- Award as determined by the Board
- Total composite amount
- Lease Interest
- Relocation expenses
- ASRS
15.2 Keywords
- Land Acquisition Act
- Statutory Interpretation
- Civil Procedure
- Singapore
- Appeal
- Land
- Compensation
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Land Acquisition | 95 |
| Land Law | 90 |
| Statutory Interpretation | 80 |
| Civil Practice | 75 |
| Administrative Law | 60 |
16. Subjects
- Land Acquisition
- Statutory Interpretation
- Civil Procedure