Gold Pine Land Development Pte Ltd v Lee Poi Sam

• Jurisdiction: Singapore
• Judge: Lim Teong Qwee JC
• Judgment Date: 17 March 1993
• Neutral Citation: [1993] SGHC 61
• Docket Number: Originating Summons No 573 of 1992
• Date: 17 March 1993
• Published date: 19 September 2003
• Year: 1993
• Plaintiff Counsel: Yong Kwet Leong (Yong & Partners)
• Citation: [1993] SGHC 61
• Defendant Counsel: Leslie Netto (Netto & Netto)
• Court: High Court (Singapore)
• Subject Matter: Liability of purchaser for property tax, maintenance or service charges on annulment,Housing developers,Sale of land,Remedies under uncompleted contract,Land,Housing Developers Rules 1976,Consequences of annulment,Standard form sale and purchase agreement,Entitlement of vendor to reimbursement for property tax, maintenance and service charges incurred prior to annulment of agreement,Construction

This application by originating summons raises a short point of construction of a standard form of agreement for sale by a licensed housing developer of a housing unit intended to be comprised in a strata title plan. This is the form to be used under the since repealed Housing Developers Rules 1976. The relevant provisions of this form and those in the standard form under the current rules are different in material respects and the point raised in this application may not arise again. However, counsel have asked that I give my reasons in writing and I think it is right that I do so.

The applicant is the vendor and the respondent is the purchaser and the agreement is dated 16 July 1983. On 9 July 1985 the purchaser received the vendor`s notice to take possession. At this time the purchaser was already in default in payment of some instalments of the price. In fact he had only paid the first four instalments (including the deposit) making a total of 40% of the price. He did not make any further payment and he did not take possession. Clause 16 of the agreement provides:

The purchaser shall from the date of taking vacant possession or on the expiration of fourteen (14) days after the receipt by the purchaser or his solicitors of the notice to take vacant possession under cl 13, whichever is earlier, be liable for all property tax and other outgoings in respect of the said unit and shall on demand reimburse the vendor for such property tax and other outgoings as may have been paid by the vendor.

Clause 28 provides:

... The aforesaid maintenance and service charges shall be payable by the purchaser from the date of taking of vacant possession or on the expiration of fourteen (14) days after receipt by the purchaser or his solicitor of the notice to take vacant possession under cl 13, whichever is earlier. ...

The purchaser did not pay any property tax or other outgoings or any maintenance or service charges and he did not reimburse the vendor for any property tax or other outgoings the vendor may have paid.

Clause 6(3) provides:

If any of such unpaid instalment and interest remains unpaid for any period in excess of forty (40) days after its due date, the vendor shall be entitled at his option on giving to the purchaser or his solicitors not less than thirty (30) days` notice in writing to treat this agreement as having been repudiated by the purchaser and (unless in the meanwhile such unpaid instalment and interest shall

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