Keller Piano Company (Pte) Ltd v Management Corporation Strata Title No 1298

• Jurisdiction: Singapore
• Judgment Date: 30 September 1994
• Date: 30 September 1994
• Docket Number: Suit No 472 of 1990
• Court: High Court (Singapore)

Management Corporation Strata Title Plan No 1279

Plaintiff

and

Khong Guan Realty Pte Ltd

Defendant

[1994] SGHC 246

G P Selvam J

Suit No 472 of 1990

High Court

Civil Procedure–Parties–Proper plaintiff–Condominium management corporation sued for breach of contract on behalf of unit purchasers and their successors in title and assigns–Whether management corporation entitled to bring such action–Whether management corporation brought representative action–Section 116 (1) Land Titles (Strata) Act (Cap 158, 1988 Rev Ed)–Order 15 r 6 (1) Rules of the Supreme Court

The plaintiff, the management corporation of a condominium (“the MC”), brought an action against the defendant developers on behalf of the purchasers, including their successors in title and assigns, of the units of the condominium. From March 1988, the water system began to break down frequently due to constant bursting of the underground water pipes, which was caused by poor workmanship and the use of unsuitable materials in the joints of the pipes. The MC alleged that the defendant had consequently breached the contracts of sale it had entered into with the purchasers, and claimed for reimbursement of the cost of repairs and damages. As a preliminary point, the defendant submitted that the MC was not entitled to bring the action because it was not a party to the agreements.

Held, allowing the plaintiff's action to proceed:

(1) This was not a representative action within the meaning of O 15 r 12 of the Rules of the Supreme Court (Cap 322, R 5, 1990 Ed). A representative action may be brought only when one or more of the persons entitled to bring the action represented all those entitled to bring the action. The MC was a third party and O 15 r 12 did not permit such a stranger to bring a representative action: at [12] and [13].

(2) Assuming that the claim related only to common property, s 116 of the Land Titles (Strata) Act (Cap 158, 1988 Rev Ed) entitled the MC to represent the subsidiary proprietors where the subsidiary proprietors had a cause of action in tort or contract. It was an action in a representative capacity authorised by statute. The pleadings should, however, be amended to ensure that the claim related only to common property: at [14] and [15].

Interpretation Act (Cap 1, 1985 Rev Ed)s 9A (1)

Land Titles (Strata) Act (Cap 158, 1988 Rev Ed)s 116 (1) (consd)

Rules of the Supreme Court (Cap 322, R 5,1990 Ed)O 15r 6 (1) (consd);O 15r 12 (1)

Jimmy Yap (Donaldson & Burkinshaw) for the plaintiff

Stanley Wong (Jing Quee & Chin Joo) for the...