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Judge rules in favour of Komoco Motors in case against LTA

Tarzan666

By Tarzan666,
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Tarzan666

Tarzan666

2nd Gear

veri rare govt body lose... [:p]

 

Judge rules in favour of Komoco Motors in case against LTA

By Asha Popatlal, Channel NewsAsia | Posted: 18 May 2007 2017 hrs

 

 

SINGAPORE: The Land Transport Authority (LTA) has come out on the losing side in a S$7 million court case.

 

In a judicial review, Judge Judith Prakash has ruled in favour of Komoco Motors, which brings in Hyundai cars.

 

Some 17,000 Hyundai cars were at the centre of the case which started some two and a half years ago.

 

Importer Komoco Motors had been asked by the LTA to pay more ARF, amounting to some S$7 million.

 

"There was a customs issue which required Komoco to pay additional duty on those cars and as a norm the Registrar of Vehicles - or LTA in this case - actually used the OMV figure from customs to determine how much ARF or additional registration fee to impose on those cars.

 

"In this case, Komoco felt the OMV itself should not be extended based on certain extenuating circumstances," says Philip Fong, Partner, Harry Elias Partnership.

 

So Komoco's lawyers say it was prepared to go to LTA, open its books, and give full disclosure as to why they should not have to pay in this particular case.

 

A meeting took place in an attempt to settle the matter out of court.

 

But to court, it went.

 

"We actually complained that LTA should not piggy back on the decision of customs blindly and without exercising an independent mind," says Fong.

 

The case went up for judicial review, which seldom happens in Singapore.

 

This is when a court of law reviews the actions of an official or entity, that is usually part of the government.

 

In making her judgement, which has just been released, Judge Judith Prakash said LTA's policy was not unreasonable or irrational.

 

However, having instituted that policy, the Registrar should have heard the case with an open mind and considered whether an exception should have been made.

 

She added that the Registrar had unlawfully delegated her authority to Customs, by refusing to consider whether or not exceptional circumstances applied.

 

So the Judge ruled in favour of Komoco, with costs - Channel NewsAsia understands LTA may have to pay up to S$50,000.

 

When approached by Channel NewsAsia, LTA said it is consulting its lawyers. - CNA/yy

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Cheekg98

Cheekg98

1st Gear

so it means komoco shd be able to take back $7m with interest ...

 

wow, imagine yr new company also got such ARF fees to pay to LTA thumbsup.gif

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Tarzan666

Tarzan666

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  • Author

guess this judge will have lesser PB next year... [sweatdrop]

make gahmen loss 7m + have 2 pay legal fee some more... [laugh]

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Chemz

Chemz

Clutched

you know why komoco win and govt lose?

 

because the komoco head is involved in the coming sg f1 gp.

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Meecar

Meecar

Clutched

So damn convoluted

 

no wonder

 

but the law is suppose to be above F1 GP

 

but is it reasonable to be objective after reading the information provided that Komoco won the case out of merit

 

i am no lawyer, any lawyer here to give opinion

 

 

this is the very first time in my many decades of living that I heard LTA lost a case in court

 

almost impossible

 

[:)]

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Nkps

Nkps

1st Gear
(edited)

u mean u dunno OBS own part of KMC? do u know that other than HYUNDAI, KMC also distribute other brand in SG? even HARLEY D also under their wing ok.....

Edited by Nkps
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Nhrisuzu

Nhrisuzu

1st Gear
  Quote
LTA has earned enough. About time they stop bullying firms. [:p]

 

aiya.. one hour of ERP entry by cars around the island will give them back that 50K liao la.. [lipsrsealed][lipsrsealed]

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Ncss

Ncss

Clutched
(edited)

komoco head not ah ong...

 

But komoco is one of the major share holder for ah ong new company "Singapore GP Pte Ltd"

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Ncss

Ncss

Clutched
(edited)

law is law...

 

Although LTA is gahmen body... but they still have to follow the law.

komoco win because LTA never follow the law... [laugh]

 

But very rarely gahmen body never follow the law [hur].

I think maybe one of their head has to resign after losing the case [whip] .

Someone in LTA must carry the black wok... [laugh]

Edited by Ncss
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Galantspeedz

Galantspeedz

Turbocharged

Another case of, just Follow LAW!!!

 

they had nv excerised any discretion. There was once i wanted used Passport instead of NRIC to do transcation, then the fella at the counter say, only NRIC can because the transfer paper put NRIC nv put Passport. [furious]

 

Anyway no diff, the fines they pay, is from us anyway. Not that is a pvt owned company.

 

So guys, U have been OWNED. they do wrong, we all pay...... [furious]

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Vblaster_w211

Vblaster_w211

2nd Gear

Government bodies are centrally funded, not from individual "returns" like fines/ERP for LTA. This means LTA will have less capital and operating budget and may suffer less allocation in the future.

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