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1989 MarsdenLR 1254

CHAN SEK KEONG
COLD STORAGE SINGAPORE (1983) PTE LTD – Appellant
Versus
MANAGEMENT CORPORATION OF CHANCERY COURT – Respondent


Advocates:
K Shanmugam (Ong Chee Kuan with him) for the plaintiffs.
Ong Bock Kee for the first defendant.
Terry Ang for the second, third, fifth to thirteenth defendants.
Daniel Wee for the fourth defendant.
Solicitors: Drew & Napier; Choo & Joethy; Terry Ang Partners; Toh, Tan & Partners.

Chan Sek Keong J

On 12 April 1989, the plaintiffs commenced this action against the defendants for the following reliefs:

(1) A declaration that the first defendant has no power under the HUDC Housing Estates Act (Cap 131) ('the HUDC Act') to impose a levy on vehicles entering Chancery Court; alternatively, a declaration that the first defendant has acted unlawfully in imposing such a levy as such action amounts to private nuisance against the plaintiffs or, alternatively, unlawful interference with the plaintiffs' trade in that the first defendant's members did not approve the imposition of such levy and/or the first defendant's action caused the Housing & Development Board ('the HDB') to breach its tenancy agreement dated 7 October 1985 with the plaintiffs ('the HDB tenancy agreement').

(2) A declaration that the second to the thirteenth defendants as the management committee of the first defendant have no power under the HUDC Act either individually or collectively to impose the said levy; alternatively, a declaration that the said members of the management committee either individually or collectively have acted unlawfully in imposing the said levy as the action amounts to priv

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