The High Court yesterday dismissed a flat owner's bid to quash the Housing Board's move to compulsorily acquire his flat for unauthorised sub-letting.
Justice Tay Yong Kwang ruled that the application for a judicial review of HDB's move by co- owners Per Ah Seng and his wife were filed out of time, and had failed on the merits of the case even if the review was allowed to proceed.
Under the rules, Mr Per should have filed his application within three months of the National Development Minister rejecting his appeal in March 2011, unless he could explain the delay to the satisfaction of the court.
Mr Per, 47, a businessman, had sought the court review as he claimed HDB did not disclose sufficient details on its investigations before the seizure to enable him to respond adequately.
HDB, acting on a tip-off in 2009, conducted investigations which showed the entire four-room flat in Bukit Batok Central was rented out without approval. Mr Per denied renting out the entire flat, but admitted there were times when the family stayed overnight in his mother's Hougang flat. He had registered online in April 2010 for the subletting of two rooms and not the entire flat.
Top law firm Allen & Gledhill's lawyers had argued that HDB's decision was not unreasonable and there was no breach of natural justice to justify a judicial review. Mr Per had been accorded due appeal process to HDB and the minister before the flat was compulsorily acquired by HDB.
Mr Per was ordered to pay legal costs to HDB as well as the Attorney-General, who represented the Minister for National Development in the case.
Mr Per's lawyer Kirpal Singh said yesterday his client is considering an appeal against the decision.
A HDB spokesman said yesterday that HDB takes a serious view of unauthorised subletting, and conducts regular inspections. "HDB will not hesitate to take stern enforcement action against flat owners who sublet their flats without HDB's approval."
The HDB compulsorily acquired five flats in the last three years for unauthorised sub-letting.
This article was first published on Nov 7, 2014.
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