Management Corporation v Aikyu Trading: Access to Settlement Documents under BMSMA
In Management Corporation Strata Title Plan No 0827 v Aikyu Trading Co (Pte) Ltd, the High Court of Singapore addressed whether a Management Corporation (MC) can withhold settlement terms, settlement sums, and expense deductions from subsidiary proprietors (SPs) regarding compulsory acquisition compensation. The court dismissed the MC's appeal, affirming that the Settlement Documents fall under Section 47 of the Building Maintenance and Strata Management Act (BMSMA). The court also found that an agency relationship existed, entitling the SP to the documents. The court ordered the MC to provide the Settlement Documents to the SP.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court held that a Management Corporation must provide subsidiary proprietors with settlement agreements related to compulsory land acquisition.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The Management Corporation Strata Title Plan No 0827 | Appellant | Corporation | Appeal Dismissed | Lost | Hewage Ushan Saminda Premaratne, Yvonne Mak Hui-Lin |
| Aikyu Trading Co (Pte) Ltd | Respondent | Corporation | Appeal Dismissed | Won | Chen Chongguang Daniel, Loh Kah Yunn |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andre Maniam | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Hewage Ushan Saminda Premaratne | Withers KhattarWong LLP |
| Yvonne Mak Hui-Lin | Withers KhattarWong LLP |
| Chen Chongguang Daniel | Lee & Lee |
| Loh Kah Yunn | Lee & Lee |
4. Facts
- Part of the common property was gazetted for compulsory acquisition on 9 December 2011.
- The MC was authorized to handle land acquisition proceedings on behalf of subsidiary proprietors.
- The Collector made an award of $275,000 in compensation.
- The MC lodged a petition of appeal with the Land Acquisition Appeals Board on 26 May 2014.
- A settlement was reached between the MC and the Collector.
- The Settlement Letter contained a confidentiality clause.
- The MC required SPs to sign a Confidentiality & Settlement Agreement before receiving their share.
5. Formal Citations
- Management Corporation Strata Title Plan No 0827 v Aikyu Trading Co (Pte) Ltd, District Court Originating Summons No 39 of 2019 (Registrar’s Appeal No 4 of 2020), [2020] SGHC 217
6. Timeline
| Date | Event |
|---|---|
| Part of the common property was gazetted for compulsory acquisition. | |
| Extra-ordinary general meeting of the MC was held. | |
| The MC lodged a petition of appeal with the Land Acquisition Appeals Board. | |
| The Collector sent the Settlement Letter to the appealing SPs. | |
| Mr. Parry Yeo sent an email regarding withholding figures from SPs. | |
| Parry Yeo's affidavit was dated. | |
| Kwek Seow Kew’s affidavit was dated. | |
| Plaintiff SP applied for the Settlement Documents. | |
| Hearing date. | |
| Hearing date. | |
| Hearing date. | |
| Judgment date. |
7. Legal Issues
- Access to Information
- Outcome: The court held that the subsidiary proprietor was entitled to the Settlement Documents under s 47(1) BMSMA.
- Category: Substantive
- Sub-Issues:
- Right of subsidiary proprietors to access settlement documents
- Interpretation of Section 47 of the Building Maintenance and Strata Management Act
- Related Cases:
- [2016] SGSTB 1
- [2018] SGSTB 1
- [2018] SGPDPC 18
- [2011] 2 SLR 998
- Agency
- Outcome: The court held that an agency relationship existed, obligating the MC to provide the Settlement Documents to the SP.
- Category: Substantive
- Sub-Issues:
- Existence of agency relationship between management corporation and subsidiary proprietors
- Duties of an agent to the principal
- Related Cases:
- [2013] 4 SLR 308
- [2016] 3 SLR 1308
8. Remedies Sought
- Order for production of Settlement Documents
9. Cause of Actions
- Application for access to information and documents
10. Practice Areas
- Real Estate Law
- Strata Management
- Land Acquisition
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Hee Chye v MCST Plan No 395 | Strata Titles Board | Yes | [2016] SGSTB 1 | Singapore | Cited as an example of a 'record or document' under s 47(1)(b)(viii) BMSMA. |
| Timothy Siah Yang Tek v 28th Management Council to MCST 1420 | Strata Titles Board | Yes | [2018] SGSTB 1 | Singapore | Cited as an example of a 'record or document' under s 47(1)(b)(viii) BMSMA. |
| Management Corporation Strata Title Plan No 4436 | Personal Data Protection Commission | Yes | [2018] SGPDPC 18 | Singapore | Cited to support the interpretation of s 47(1)(b)(viii) BMSMA in relation to common property. |
| Yap Sing Lee v Management Corporation Strata Title Plan No 1267 | High Court | Yes | [2011] 2 SLR 998 | Singapore | Cited to show that s 47(1) BMSMA does not exclude legal advice privilege. |
| Alwie Handoyo v Tjong Very Sumito and another and another appeal | Court of Appeal | Yes | [2013] 4 SLR 308 | Singapore | Cited for the core elements of an agency relationship. |
| Grains and Industrial Products Trading Pte Ltd v Bank of India | High Court | Yes | [2016] 3 SLR 1308 | Singapore | Cited for the common law position on the duty of an agent to inform and provide information to his principal. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Building Maintenance and Strata Management Act (Cap 30C) | Singapore |
| Section 47(1) of the Building Maintenance and Strata Management Act (Cap 30C) | Singapore |
| Land Acquisition Act (Cap 152, 1985 Rev Ed) | Singapore |
| Section 10 of the Land Acquisition Act (Cap 152, 1985 Rev Ed) | Singapore |
| Section 2(5) BMSMA | Singapore |
| Section 24(3) BMSMA | Singapore |
| Section 29(2)(b) BMSMA | Singapore |
| Section 101(1)(c) BMSMA | Singapore |
| Sections 32(1)–32(3) BMSMA | Singapore |
| Section 32(8)(b)(ii) BMSMA | Singapore |
| Section 47(1)(b)(iv) BMSMA | Singapore |
| Section 29(1)(g) BMSMA | Singapore |
| Section 29(1)(d) BMSMA | Singapore |
| Section 47(1)(b)(vii) BMSMA | Singapore |
| Section 2(1) BMSMA | Singapore |
| Section 29(2)(a) BMSMA | Singapore |
| Section 24(2)(a) BMSMA | Singapore |
| Section 29(3) BMSMA | Singapore |
| Section 29(1)(a) BMSMA | Singapore |
| Section 113 BMSMA | Singapore |
| Section 86 BMSMA | Singapore |
| Section 22 of the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) (the “SCJA”) | Singapore |
| Section 22(2) SCJA | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Management Corporation
- Subsidiary Proprietor
- Settlement Documents
- Compulsory Acquisition
- Common Property
- Building Maintenance and Strata Management Act
- Settlement Letter
- Confidentiality
- Agency
15.2 Keywords
- Management Corporation
- Subsidiary Proprietor
- Settlement Documents
- Compulsory Acquisition
- BMSMA
- Singapore
16. Subjects
- Strata Management
- Land Acquisition
- Access to Information
17. Areas of Law
- Land Law
- Compulsory Acquisitions
- Strata Titles
- Building Maintenance and Strata Management Act