By now, all the majority owners would have received a 44 page email copy of the Originating Summons N0. 941 0f 2008/P from the en bloc lawyer.
High Court Hearing Date and Time: tomorrow afternoon. The hearing is closed to the public.
High Court Hearing Date and Time: tomorrow afternoon. The hearing is closed to the public.
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Decision date: 05 Sept 2008
Why Submission to High Court by majority owners to challenge STB
ReplyDeleteSTB (deleted) has breached Act that was passed by Parliament on 19th October 2004 and assented to by the President on 4th November 2004 applicable to;
BUILDING MAINTENANCE AND STRATA MANAGEMENT ACT 2004(No. 47 of 2004) PART VI DISPUTES AND STRATA TITLES BOARDS
Division 1 — Strata Titles Boards
Act passed by parliament states as follows;
Part 92 section (9) A Board shall carry out its work expeditiously and shall make a final order or determination within 6 months from the date it is constituted or within such extension of time as may be granted by the Minister.
There was no extension sought or granted by Minister and according to Act final order and determination on Tampines Court was supposed happen before 7th of July. STB Deputy President has pushed hearing until 7th of August thereby breaching act by more than 30 days. Note that was just a date for hearing not even determination as supposed to be according to Act.
(deleted)
Majority has right to appeal to High Court, as there was a clear breaching of Parliament Act by STB (deleted).
(This post has been moderated by blog administrator)
In which case, Sir, the beef is between the majority and the STB. The minority have nothing whatsoever to do with it. We have neither defaulted nor delayed.
ReplyDeleteOur rights must be respected with regard to having a full and fair Hearing. There can be no rush to finish, no forcing of decisions, no cutting short cross examinations and time lines to the advantage of one side.
I am reminded of Choo Han Teck's words which went something like 'if the majority wins it is because it is right, and not because it is the majority'.
BTW. It is of course the majority's right to appeal, I have never said otherwise, that is the nature of the legal system.