Singapore Property By Mark Tan R032504C -Expat Relocation Agent-CONDO/HDB/Buy/Sell/Rent/Mgmt

Archive for February 25th, 2010

Horizon Towers lawsuits headed for trial

Posted by Singapore Property Match on February 25, 2010

High Court dismisses striking out action by 2 former sales committee members

The latest legal tussle involving Horizon Towers looks set to go into full swing, with the High Court having dismissed the action by the two defendants to strike out the lawsuits filed against them.

This means the court will hear the claims brought by three sets of minority owners against the two former sales committee members – unless the defendants succeed in appealing against yesterday’s decision.

BT understands that the first defendant – former sales committee chairman, Arjun Samtani – will appeal the High Court decision, while the second defendant, Tan Kah Gee, is still deliberating if he should appeal.

The High Court yesterday also ordered both Mr Samtani and Mr Tan to jointly bear the costs of the striking-out application and the court hearing – amounting to a total of $6,000.

The minority owners are suing the two former sales committee members to reclaim close to $1 million in legal and administrative costs which they say they incurred during the lengthy fight to keep their homes.

The en bloc sale of Horizon Towers was a saga that dragged out for more than two years, and involved several High Court and Strata Titles Board hearings. The Court of Appeal eventually decided in April last year that the deal could not go through because the development’s sales committee had failed in its duty.

The Court of Appeal had ordered the bulk of costs to be borne by the development’s potential buyer, Hotel Properties Ltd (HPL), and its majority owners.

But three sets of minority owners, represented by Kannan Ramesh of Tan Kok Quan Partnership, are now seeking compensation for the sums not covered by the Court of Appeal judgment. The three sets of owners are seeking between $117,000 and $370,000 in costs – making for a total claim of more than $800,000.

The minorities say they were made to defend their homes against an en bloc process actuated by a lack of good faith on the part of the sales committee, and had to spend much for their effort.

They said Mr Samtani and Mr Tan were ‘key players in the process leading up to the commencement, facilitation, management and finalisation of the collective sale process’.

In his defence, Mr Samtani – represented by N Sreenivasan of Straits Law Practice — said he was not alone in driving the sale process. He said ‘each and every member of the SC (sales committee) played an equally important role’ and that he ‘did not have any special powers’ that could influence the committee’s decisions.

Mr Samtani also claimed that the committee ‘followed up on all expressions of offer’ for Horizon Towers and that it received no offer better than HPL’s at the relevant time. He said the committee was advised by its lawyers to proceed with the HPL offer.

Mr Tan, represented by Senior Counsel Tan Cheng Han and Ian Lim of TSMP Law Corporation, said he was ‘not a key player’ and cited various correspondence and minutes of sales committee meetings which he said showed that he did not play a major role in the various aspects of the collective sale.

Mr Tan also said that the sales committee did not seriously consider an alternative offer made at the time by a Vineyard Holdings, as it had ‘questioned the credibility of the expression of interest from Vineyard and their level of seriousness given that Vineyard was a Hong Kong company that was not well known and its lawyers were not from a Singaporean firm, but from a small Malaysian law firm’.

He claims he suggested waiting for a higher offer, but that the majority of the sales committee did not agree. He said the sales committee genuinely felt they would not get a better offer than the one by HPL, and that they had been advised by their lawyers to accept the offer.

Mr Tan had also sought to strike out the minorities’ suits against him and Mr Samtani, saying that the entire remedy sought by the minorities was already dealt with by the Court of Appeal last April, when it decided on how it would award costs to the various parties. But the High Court chose to dismiss this application yesterday.

The defendants have 14 days to submit their appeal.

Source : Business Times – 25 Feb 2010

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Buzz in private housing sales continues

Posted by Singapore Property Match on February 25, 2010

Weekend sales of about 45 units at Waterscape at Cavenagh and over a dozen units at L’VIV

THE buzz in private home sales appears to be continuing even after last Friday evening’s government announcement of new measures to cool the property market.

About 45 units at Hiap Hoe’s Waterscape at Cavenagh are said to have been sold since Saturday – the bulk of them one bedders although some two and three-bedroom units were also sold. Hiap Hoe is understood to have offloaded 61 units so far in the 200-unit project, which will be officially launched soon. The majority of buyers are understood to be Singaporeans; foreigners made up about 15-20 per cent of purchasers.

The freehold project is five to seven storeys high. The average price achieved is understood to be about $1,873 per square foot, with prices ranging from $1,738 to $2,010 psf. The lowest-priced unit sold was a one-bedder of 581 square feet on the second level that fetched $1.03 million or $1,778 psf.

Wing Tai is also understood to have sold slightly more than a dozen units over the weekend at L’VIV at Newton Road. This takes total sales to about 35 units.

The 147-unit freehold project comprises almost entirely of one and two-bedroom units (both with study). The average price is said to be about $2,000 psf and buyers have to purchase on the old deferred payment scheme (DPS). They pay 20 per cent of the purchase price initially with the rest deferred till the 32-storey project receives Temporary Occupation Permit, which is expected around 2013.

Developers that had obtained approval from the authorities to sell projects on DPS prior to the scheme being scrapped in October 2007 are still allowed to offer DPS.

Last Friday, just hours before the government’s announcement, a joint venture between Sing Holdings and Forum Partners is said to have sold more than 40 units at The Laurels on Cairnhill Road, which is being developed on the former Hillcourt Apartments site.

The units were sold at a one-day private preview held for former owners of Hillcourt Apartments as well as the developers’ staff and business associates. Those who turned up for the preview were quoted a price range of $2,500 to $2,900 psf, although a one-bedder on the 18th floor is said to have sold at just a shade below $3,000 psf. In absolute quantum, the highest-priced unit transacted was a penthouse with four bedrooms and a garden that fetched almost $9.9 million or about $2,040 psf, BT understands.

The buyers were mostly Singaporeans, although some Indonesians who had formerly lived in Hillcourt are also said to have bought. The Laurels will be next previewed in a fortnight, on March 13.

The project is near Capitaland’s Urban Suites, where 88 units were sold last month at prices ranging from $2,213 psf to $2,921 psf.

The landed housing market also continues to teem with activity. RealStar Premier Property Consultant managing director William Wong says that his firm has brokered or co-brokered four bungalow deals in the past few days. These include a two-and-a-half-storey property at Berrima Road off Dunearn Road that sold for $8.75 million or $1,944 psf, based on its land area of about 4,500 sq ft. The bungalow was completed a few months ago.

At Kheam Hock Road nearby, a brand new bungalow sold for $8.5 million or $1,577 psf. The other two transactions were at Namly Grove ($10.8 million or $1,125 psf) and Coronation Road West ($10.4 million or $906 psf).

Mr Wong does not expect the measures announced by the government last Friday – which include a seller’s stamp duty for those who sell a residential property within a year of purchase – to affect landed property buyers. Those who buy bungalows often renovate them and this could take six months to a year; so they’re unlikely to have been planning to resell within a year, according to Mr Wong. Besides, bungalow buyers usually have more holding power, he added.

Mr Wong forecasts a 5-10 per cent rise in landed home prices this year, citing limited supply; the stock of landed homes on the island is much smaller than condos/apartments.

Singaporeans make up about 60 per cent of Mr Wong’s bungalow buyers these days; the other 40 per cent are permanent residents, who are allowed to buy bungalows with land areas up to around 15,000 sq ft.

Meanwhile, at West Coast Crescent, agents marketing The Vision are said to be collecting cheques ahead of the 99-year leasehold project’s preview planned in the second week of March.

Those issuing cheques are said to have been told prices could be in the $1,000 to $1,200 psf range, although there will be an early bird discount.

The Vision, being developed by a Singapore unit of Cheung Kong Holdings, comprises 281 apartments housed in two 33-storey towers and 14 strata houses. The development will not have any one-bedroom apartments, which typically are the first to be snapped up these days because of the lower entry barrier in terms of a smaller lumpsum investment.

Instead, The Vision’s apartments will be two, three, and four bedders as well as penthouses. The majority of units are three-bedroom apartments – mostly ranging from 1,259 to 1,313 sq ft, with three ground floor units (inclusive of private enclosed space) of 1,776 sq ft to over 2,000 sq ft.

Summing up the continued enthusiasm of home buyers, a seasoned property consultant said: ‘Buyers are quite confident prices won’t fall; in fact, they’re likely to rise because of the improving economy and the completion of the IRs.’

Agreeing, an agent says: ‘There’s still a lot of money; if you can’t put it in property, where else can you put it?’

Source : Business Times – 25 Feb 2010

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