Ho Yong Yi

On the court record

Ho Yong Yi appears in the corpus in disputes over stratified property, execution and the review of tribunal awards, argued in the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan). One High Court matter, appearing for the defendant, was a strata-management dispute engaging sections 52, 55 and 59 of the Strata Management Act 2013, concerning maintenance charges and sinking-fund contributions, the developer's obligations on the handover of control of the common property, allegations of unauthorised collection and improper management, questions of set-off and of whether a mutual agreement was invalid or ultra vires, and the enforcement of statutory duties in what the courts treat as social legislation enacted in the public interest. A Court of Appeal matter, appearing for the appellant, was an interpleader in execution proceedings under Order 17 rule 3(1) of the Rules of Court, where a third party claimed title to motor vehicles seized by a judgment creditor; the questions were whether the third party had title, whether payment conclusively proved ownership, and whether a contravention of the Ministry's policy on Approved Permits rendered the underlying transaction illegal as contrary to public policy under section 24(e) of the Contracts Act 1950. A third matter, in the High Court and appearing for the respondent, was an application for an interim stay of a Strata Management Tribunal award pending substantive judicial review, where the applicant had been ordered to pay arrears of maintenance charges and a sinking-fund contribution; the court weighed whether special circumstances were shown, whether the merits were relevant, and whether refusing a stay would render the judicial review nugatory, in a matter that concerned only a monetary judgment of no great size. Across the appearances the practice is concentrated on the governance and financing of stratified developments and the procedural mechanisms that surround them.