MCST cannot unilaterally determine damages payable for breach of by-laws
11 Jan 2019
In Management Corporation Strata Title Plan No 901 v Lian Tat Huat Trading Pte Ltd  SGHC 270, the High Court held that a management corporation (“MC”) cannot unilaterally determine the quantum of damages to be paid by a subsidiary proprietor to the MC, arising from the subsidiary proprietor’s breach of its by-law. Instead, where there has been a breach of a by-law, the MC has to apply to Court to determine the damages payable, and prove its loss suffered in order to recover damages.
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Content authored by: Benedict Teo, Director, Dispute Resolution; Elaine Lim, Senior Associate, Dispute Resolution; and Arthur Yong, Associate, Dispute Resolution