the Law Discovery Website

 

WEB HOST Mission

Raffles Group Law Practice

Contact
We
b Host

 

Food for Tort


Red Herring 1 Wife & Mothers

Red Herring 2 Autism

Red Herring 3 The Long March

Blue Whale GENES & generation

SAY HIPPOPOTAMUS

 
 

also accessible through singaporelawraffles.com
raffleslaw.com

All information for general knowledge only
Please see your lawyer if you wish to act on them

 

You can stop your neighbour damaging your property

 

Your neighbour is working on his land (digging a hole, renovating his house) and he damages your land/house (cracks appear on your driveway, in your house or your fence or walls start to lean to one side).

You may wish to discuss this matter with your neighbour in the spirit of neighbourliness.

If you are still unhappy after discussions with your neighbour, you may wish to consult your lawyer.

Your lawyer may

(1) arrange for a meeting with your neighbour

(2) engage an engineer to inspect your property to determine whether the damage is caused by construction works next door (the damage may be caused by soil moving beneath your land or vibrations from next door).

Usually, as a first priority, your lawyer will try to settle the matter amicably. He initiates discussions with your neighbour (or his lawyer). Your neighbour may agree to pay for the repairs and take appropriate action to stop further damage to your property (eg build a suitable retaining wall to stop soil erosion).

If the matter cannot be resolved amicably, your lawyer can get a Court Order on an urgent basis (usually within one or two days) ordering your neighbour to stop construction works and preventing further damage to your property.

Such a Court Order (an injunction order) can also be obtained (in appropriate circumstances) to

Stop your employee from taking away your customers

Stop your employee from taking away your business secrets

Stop someone from disturbing or harassing you

Stop a debtor from hiding his money or taking it out of the country

Stop someone from infringing your copyright

 

see a sample of an injunction order

IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE

 Suit No. 600008 of 2000

Between

YEO AH KOW
(NRIC NO. S1234567H) ...Plaintiff

And

SOON ASIA PTE LTD
(RC No. 199944888J) .…….Defendant

 

ORDER OF COURT

 

BEFORE THE HONOURABLE

JUDICIAL COMMISSIONER MR ABC IN CHAMBERS

 

IMPORTANT:

NOTICE TO THE DEFENDANTS

(1) This order prohibits you from doing the acts set out in this order. You should read it all carefully. You are advised to consult a solicitor as soon as possible. You have a right to ask the Court to vary or discharge this order.

(2) If you disobey this order you will be guilty of contempt of Court and any of your directors may be sent to prison or fined.

 

THE ORDER

An application was made today 20th of October 2000 by Counsel for the

Plaintiff to the Honourable Judicial Commissioner by way of ex-parte summons-

In-chambers No. 600087 of 2000, Judicial Commissioner ABC heard the

Application and read the affidavit of Yeo Ah Kow filed on 20th October 2000.

 

As a result of the application, IT IS ORDERED AND DIRECTED by Judicial

Commissioner Mr ABC that :-

 

  1. That the Defendant whether by themselves, their officers, resentatives,servants

    or agents or otherwise howsoever be restrained and an injunction is hereby

    granted restraining the Defendants until trial or further order in the meantime

    from doing the following acts or any of them that is to say:

(a) carrying on building, construction, excavations works at the

property known as123 Rendang Road Singapore 328551; and

(b) causing damage to or trespassing on the Plaintiff's premises a

No. 121 Rendang Road Singapore 328551.

 

2. .......Costs of this application be costs in the cause.

 

EFFECT OF THIS ORDER

A defendant which is a corporation and which is ordered not to do something must

not do it itself or by its directors, officers, employees or agents or in any other ways.

 

THIRD PARTIES

Effect of this order

It is a contempt of Court for any person notified of this order knowingly to assist in or permit a breach of the order. Any person doing so may be sent to prison or fined.

 

UNDERTAKINGS

The plaintiff gives to the Court the undertakings set out in Schedule 1 to this order.

 

DURATION OF THIS ORDER

This order will remain in force until the trial or further order.

VARIATION OR DISCHARGE OF THIS ORDR

The defendants (or anyone notified of this order) may apply to the Court any time to vary or discharge this order (or so much of this as affects that person), but anyone wishing to do so must inform the plaintiff's solicitors in writing at least 72 hours before hand.

 

NAME AND ADDRESS OF PLAINTIFF'S SOLICITORS

The plaintiff's solicitors are:-

Mr Tan Boon Teng
Messrs ABC & Co
3 Shenton Way
#21-14 Shenton House
Singapore 048556
Tel: 269 7749
Fax: 269 7788
Ref: TBT/11788.00

 

INTERPRETATION OF THIS ORDER

(1) In this order "he", "him" or "his" include "she" or "her" and "it" or "its".

(2) Where there are 2 or more defendants then (unless otherwise stated)

(a) Reference to "the defendants" meant both or all of them;

(b) An order requiring "the defendants" to do or not to do anything requires each defendant to do or not to do anything requires each defendant to do or not to do;

(c) A requirement relating to service of this order or of any legal proceedings on "the defendants" means on each of them.

 

Dated this 20th day of October 2000

 

signed

ASSISTANT REGISTRAR

______________________________________________________________________________

SCHEDULE 1

Undertakings given to the Court by the plaintiff

(1) If the Court later finds that this order has caused loss to the defendant, and decides that the defendant should be compensated for that loss, the plaintiff shall comply with any order the court may make.

(2) As soon as practicable the plaintiff shall serve on the defendant the writ of summons together with this order.

(3) As soon as practicable the plaintiff shall serve on the defendants a copy of the affidavit and exhibits containing the evidence relied on by the plaintiff.

(4) Anyone notified of this order shall be given a copy of it by the plaintiff's solicitors.

(5) The plaintiff shall pay the reasonable costs of anyone other than the defendant which have been incurred as a result of this order including the costs of ascertaining whether that person holds any of the defendant's assets and if the Court later finds that this order has caused such person loss, and decides that such person should be compensated for that loss, the plaintiff will comply with any order the Court may make.

 

PENAL NOTICE

If, SOON ASIA PTE LTD disobeys this Order, you, LIM SOON LONG and TAN YOW
KOK being directors of the said SOON ASIA PTE LTD will be liable to process of
execution for the purpose of compelling the said SOON ASIA PTE LTD to obey the
same.

 

raffleslaw.com

Email raffleslaw@yahoo.com raffleslaw@hotmail.com