, PDF -

SINGAPORE

Actress Jeanette Aw to Man jailed for role in Ad Hurry! Offer Expires

take a break after she misappropriating over Soon. Buy iPhone 12 at
'blacked out' in bakery $461,000 of… $0 on M1 now
investment funds
Aug 08, 2021 Aug 05, 2021 M1

Recommended by

Pandan Valley condominium's

management corporation not to blame
for tree that fell and damaged cars, rules
judge

Some cars parked in the open carpark at Pandan Valley condominium on Dec 28, 2015, were damaged overnight by a fallen tree. PHOTO:
LIANHE ZAOBAO READER

K.C. Vijayan
Senior Law Correspondent

PUBLISHED AUG 12, 2019, 5:00 AM SGT

! " ...
A district judge has held that a condominium management corporation (MC) was
not liable for damage caused to cars parked on its grounds overnight when stormy
weather uprooted a tree in the estate.

District Judge Lee Li Choon, in dismissing damages sought by two residents for
negligence, ruled that they failed to show that the MC of Pandan Valley
condominium breached its duty of care.

"The plaintiffs have also not shown that the tree would not have fallen but for the
negligence of the defendants in maintaining the tree," she said in decision grounds
issued last month.

The court, in the first such reported case on liability involving parked cars damaged
by fallen trees on a condominium's common property, accepted that the MC had a
duty of care.

But the issue turned on whether the MC had breached the standard of care
expected of it as the condominium's management agency and if such breaches led
to the damage, said the district judge.

The cars had been parked in the open carpark in front of Block 4 of Pandan Valley
condominium on Dec 28, 2015, when it rained during the night.

The next day, the two residents discovered that an angsana tree had fallen and
damaged their cars.

The duo claimed that the MC had failed to take adequate measures to ensure that
the tree did not pose any reasonably foreseeable danger or did not fall and cause
damage to property.

Among other things, their respective lawyers, Mr Christopher Fernandez and Mr

Faizal Mohamed Ashraf, alleged that the MC had failed to properly assess tree risk
using arborists and to ensure adequate growing space for the tree.

The MC countered that the tree showed no signs of decay or root rot and there was
provision for pruning of the trees with a regular landscape contractor.

The MC's lawyer, Mr Hong Heng Leong, further argued that it was exempt from
liability as the vehicles were parked at the owners' risk, pointing to the conditions
set out in the parking label issued to the car owners and on the notice placed at the
carpark entrance.

A single joint expert's report by certified

arborist Thomas Richard Gordon listed three
contributing factors that caused the tree to fall.

The judge categorised them as environmental

factors, force of gravity caused by the tree
leaning, and restricted growing space that
prevented the lateral spread of structural roots,
RELATED STORY
which weakened the "internal root structure".
Fallen tree at Pandan Valley
condominium damages at least 5
The judge found that the MC could not be
cars
faulted for environmental factors or for the tree
leaning as it could not be established that it was
RELATED STORY leaning before it fell.
Courts & Crime: Read more stories
Neither was evidence shown that the MC fell
short of industry standards for the pruning of
trees in the condominium's common property.

The incident was an unfortunate "misadventure", the judge said, taking a leaf out of
the coroner's finding in the case of the tembusu tree that fell at the Singapore
Botanic Gardens in February 2017 and caused the death of a 38-year-old woman.

"Even if the defendants were to be judged based on the standard of care that was
practised by the Singapore Botanic Gardens at the time of the incident and had
performed the relevant tree assessments on a regular basis, based on the same
conclusion as drawn in the coroner's case, the internal root problem would still not
have been detected," said the district judge.

No evidence was shown that hiring a tree expert to do periodic tree risk assessment
is the industry norm that the MC should have followed, she added.

The judge ordered the duo to pay $7,000 each in costs plus reasonable
disbursements to the MC.

Join ST's Telegram channel here and get the latest breaking news delivered to
you.

A version of this article appeared in the print edition of The Straits Times on August 12, 2019, with the headline
'Condo's MC not to blame for tree that fell and damaged cars, rules judge'. Subscribe

CONDOMINIUMS FALLEN TREES

! " ...

FROM AROUND THE WEB

Ad Ad Ad Ad

Find out why National Day exclusive Limited! While stocks How can you build
Singaporean True 5G offer last. The iPhone 12 at better teams as a
households throw out $0. disability-inclusive
the equivalent of 52 organisation?
plates of Nasi Lemak …
year
Learn More Sign Up Sign Up Learn More

DBS M1 M1 enablingmark.sg

Ad Ad Ad Ad

Do you know how to [Pics] Put A Bag On We'll Buy Your Used
Free Class: How To
keep your produce Your Car Mirror When Car at The Highest
Pivot Your Business Or
fresher for longer? Traveling Alone Valuation!
Career Online
Take our quiz to find
out!
Learn More Creators Of Online Courses Get Quote

DBS Register Now Hightally Motorist.sg

Ad Ad Ad

[Pics] When A Rude Woman 2021 Credit Cards That Don't [Pics] If You See This Bug In
Refuses To Remove Her Bag Require a Credit Check May Your Yard, Do This At Once
From The Seat, This Happens... Surprise You
Tiparents Credit Cards | Search Ads Articlestone

Ad Ad Ad

[Gallery] Canal Drained For Maserati Levante. Now with [Pics] Always Place A Plastic
First Time In 200- Years, And Complimentary 20-inch Rims Bag On Your Car Mirror When
They Find This Upgrade. Traveling Alone, Here's Why
Learn More

http://articlesmansion.com/ Maserati Singapore Habittribe

Available for Available in

iPhones and iPads Google Play

• SINGAPORE • TECH

• ASIA • SPORT

• WORLD • VIDEOS

• OPINION • PODCASTS

• LIFE • MULTIMEDIA

• BUSINESS

Terms & Conditions $ E-paper ' Podcasts

Data Protection Policy ! Facebook ( RSS Feed

Need help? Reach us here. % Instagram ) Telegram

Advertise with us
& Twitter * Youtube

# Sign up for our daily newsletter

Enter your e-mail Sign up

More newsletters BACK TO THE TOP

+
By registering, you agree to our T&C and Privacy Policy.

SPH Digital News / Copyright © 2021 Singapore Press Holdings Ltd. Co. Regn. No. 198402868E. All rights reserved