A flat owner has failed in his bid to quash HDB’s decision to seize his flat in Bukit Batok Central for unauthorised subletting, reported the media.
The High Court dismissed Per Ah Seng and his wife’s application for review as it was filed out of time. Justice Tay Yong Kwang also noted the application failed on the merits of the case.
Under the rules, Per should have filed his application for review within three months from the date the National Development Minister rejected his appeal in March 2011, unless he can explain the delay to the court’s satisfaction.
The 47-year-old businessman wanted the court to review HDB’s decision since he claimed it did not disclose enough information about its investigations before the seizure.
HDB’s investigations showed the couple had rented their entire four-room flat without obtaining proper approval.
Per denied renting out the entire flat, saying that they only rented out two rooms, which he registered online with the HDB in April 2010.
However, he admits there were times when the couple and their two children would stay overnight in his mother’s flat in Hougang.
HDB’s lawyers from Allen & Gledhill argued that HDB’s decision was reasonable and did not breach natural justice to justify a judicial review. In fact, Per had been given due appeal process to HDB as well as the minister before the flat was seized.
The High Court ordered Per to pay legal costs to HDB and the Attorney-General, who represented the minister.
Muneerah Bee, Senior Journalist at PropertyGuru, edited this story. To contact her about this or other stories email muneerah@propertyguru.com.sg
