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A court has granted an injunction application filed by the management corporation (MC) of a mixed-use development against a bistro that has since closed, which placed tables and chairs on the pedestrian walkway to accommodate its patrons, reported The Straits Times.
Last year, the MC of The Sail @ Marina Bay sought to restrain Raffles Place Bistro, which operated on the ground floor, from occupying the walkway, contending that it was common property.
While both parties agreed that the bistro had encroached on common property and violated the Building Maintenance (Strata Management) Regulations 2005, they also agreed that the eatery could continue occupying the area as long as it posed no harm and would not cause undue hardship to the bistro.
Lawyers for the management, however, argued that it was unsafe for customers, citing a motor accident that occurred in September 2014 near the premises, in which two vehicles mounted the pedestrian walkway before crashing into a tree.
Moreover, objects on the walkway posed a safety risk as they obstructed a fire escape route.
An MC official also revealed that it could not secure the authorities’ approval for outdoor seating for other ground floor restaurants as the pedestrian area would be encroached.
Lawyers for Raffles Place Bistro, on the other hand, said the claims were gross exaggerations and that the injunction would cause undue hardship to the establishment.
In his ruling yesterday, District Judge Kevin Kwek found no evidence of economic loss to the eatery, and even if there were, he believed this was “a result of the defendant’s own breach”.
The judge noted that Raffles Place Bistro’s original tenancy agreement provided that it would only be selling takeaway food.
“Serving dine-in food at the common property was never in the agreement between the parties.” As such, allowing it to do so would run counter to the agreement, he said.
“I accept the plaintiff’s submissions that if the injunction is not granted, the plaintiff’s authority would be withered away and other tenants would treat such a judgment as a licence to encroach on the common property with impunity.”
He added that the injunction had to be given in order to ensure equal treatment of all tenants “by ensuring that all the persons are bound by the by-laws”.
Romesh Navaratnarajah, Senior Editor at PropertyGuru, edited this story. To contact him about this or other stories, email romesh@propertyguru.com.sg
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