HDB backs down on acquiring flat

[Acemundo]

By K.c. Vijayan Senior Law Correspondent

 

 

A FLAT owner's bid to challenge the HDB's move to take back his five-room unit ended yesterday when the Housing Board told the High Court it will withdraw its notice of intent to acquire the flat.

 

Mr Chew Teck Fatt in return agreed not to proceed with his judicial review application.

 

Justice Woo Bih Li, who made no order on the application, ruled that HDB pay Mr Chew's legal costs at the closed-door hearing.

 

Yesterday's turn of events staved off a potential landmark case on whether the decisions of the HDB and the office of the Minister of National Development can be the subject of judicial review.

 

When contacted last night, Mr Chew, a 38-year-old company director, said he was about to leave for Taiwan in the morning with a "heavy heart" as this matter had caused him stress for about two years. But "I felt very relieved and happy when my lawyer Kirpal called me and said the case was withdrawn, just as I was about to board the plane".

 

An HDB spokesman The Straits Times spoke to warned that the board "takes a serious view of any unauthorised subletting as HDB flats are primarily meant for owner occupation.

 

"In this particular case, as additional information had surfaced after Mr Chew had filed his court application, we decided to give him the benefit of doubt...

 

"This avoids unnecessary litigation in court and will save both time and costs for the court and all the parties concerned."

 

Mr Chew had bought the resale flat along Bukit Batok Street 25 for $480,000 in 2010.

 

The next year, he let out a room to a couple and then a second to a Taiwanese man whose child went to school here. In both cases, he had HDB's approval.

 

But a probe by HDB officers, which included surveillance of the flat and interviews with the tenants, found that he was not living there.

 

It is a longstanding HDB policy that where an owner does not stay in his flat during the period of subletting, this would be evidence that the whole unit was being rented out. Subletting an entire flat without approval is against the rules, and can lead to the HDB compulsorily acquiring the unit.

 

But Mr Chew denied renting out the whole flat and claimed he kept the third room for his use. He also said that there were times when he worked late or stayed at his mother's place at Jalan Bahagia in Balestier.

 

At issue in the case would have been whether there must be continuous physical occupation of the flat before Mr Chew can be said to have abandoned his interest in the unit and was wholly subletting it illegally.

 

At yesterday's hearing, the court was informed that both HDB and the minister would notify Mr Chew in writing that they would not pursue their notice of intent to re-acquire his flat made in December 2011 and January 2012 respectively. The minister's decision is made after any aggrieved party appeals to his office in a compulsory acquisition notice by HDB.

 

 

 

[email protected]

 

[Mustank]

woah man

[Jman888]

hmm..... could it be the one that we viewed [laugh]

[Acemundo]

justice only reserved for those who got money to hire lawyers to fight cases.

[Acemundo]

:D

 

but this guy seems to be single? i thought that one you saw is owned by couple?

[Mockngbrd]

HDEEBEE bo lampa

[Mustank]

justice only reserved for those who got money to hire lawyers to fight cases.

 

"In this particular case, as additional information had surfaced after Mr Chew had filed his court application, we decided to give him the benefit of doubt...

 

"This avoids unnecessary litigation in court and will save both time and costs for the court and all the parties concerned."

 

wonder whats the additional information

[Ronnchee]

Each and every statutory board shouldnt waste tax payer money.

 

If they want to sue some individual, make sure can nail that individual, and not let the individual walk scott free.

[Mustank]

HDEEBEE bo lampa

 

At issue in the case would have been whether there must be continuous physical occupation of the flat before Mr Chew can be said to have abandoned his interest in the unit and was wholly subletting it illegally.

 

I suspect this is the key to the entire matter

[Throttle2]

HDEEBEE bo lampa

 

I think so too.

 

[Acemundo]

"In this particular case, as additional information had surfaced after Mr Chew had filed his court application, we decided to give him the benefit of doubt...

 

"This avoids unnecessary litigation in court and will save both time and costs for the court and all the parties concerned."

 

wonder whats the additional information

probably information about his business or work committments in taiwan that requires him to be often away in taiwan and so it becomes like he didn't purposely not stay in his own house.

[Mustank]

probably information about his business or work committments in taiwan that requires him to be often away in taiwan and so it becomes like he didn't purposely not stay in his own house.

 

this guy probably had already submitted his passport as proof that he is not in SG, owner must cumpulsary stay in SG meh?!?!?!?

if he did submit and hdb still wanna cheong gong his house, then hdb ish really

[Acemundo]

this guy probably had already submitted his passport as proof that he is not in SG, owner must cumpulsary stay in SG meh?!?!?!?

if he did submit and hdb still wanna cheong gong his house, then hdb ish really

 

i think hdb's reasoning of "new facts surfaced" is just a red herring for their about turn. most likely during the appeals, he would have tried to show them his passport already as you surmised. hdb officials probably (like most stat board front line staff) are trained to reject any reasonings put forward, thought they have the upper hand and no need listen to reasons of this hdb flat owner.

 

now that judicial review is on the way, their balls shrank and they have to use a glorified reason like this to eat the humble pie.

 

good work hdb, good work MND ministers and senior officials

[Altivo]

i think hdb's reasoning of "new facts surfaced" is just a red herring for their about turn. most likely during the appeals, he would have tried to show them his passport already as you surmised. hdb officials probably (like most stat board front line staff) are trained to reject any reasonings put forward, thought they have the upper hand and no need listen to reasons of this hdb flat owner.

 

now that judicial review is on the way, their balls shrank and they have to use a glorified reason like this to eat the humble pie.

 

good work hdb, good work MND ministers and senior officials

 

And the judge ruled that HDB must pay for Mr Chew's legal cost as well.

[Acemundo]

And the judge ruled that HDB must pay for Mr Chew's legal cost as well.

 

i am actually surprised the judge is so impartial in this instance.

[Benarsenal]

Seems a bit b------d on HDB's part IMO.

 

I mean, if you're someone who travels a lot and quite often not at home, then like that how? They cannot suka suka say you not living at your house just because you happen to not be in it what.

[Mustank]

i think hdb's reasoning of "new facts surfaced" is just a red herring for their about turn. most likely during the appeals, he would have tried to show them his passport already as you surmised. hdb officials probably (like most stat board front line staff) are trained to reject any reasonings put forward, thought they have the upper hand and no need listen to reasons of this hdb flat owner.

 

now that judicial review is on the way, their balls shrank and they have to use a glorified reason like this to eat the humble pie.

 

good work hdb, good work MND ministers and senior officials

 

i susupect hdb people now kena scolded left right centre liao

someone probabaly sign extra duty like siao liao

[Mustank]

i am actually surprised the judge is so impartial in this instance.

 

this means: zheng hoo lang beh sai luan luan lai

Edited March 20, 2013 by Mustank