Wednesday, October 10, 2007

Judgment Day for Horizon Tower Appeal

Today, Honorable Justice Choo Han Teck delivers his judgment in regarding of Horizon Tower appeal against STB’s decision to dismiss its application. To many of majority owner’s happiness and relief, he allows the appeal, and allows application remit back to STB with no further direction or amendment specially ordered by his honorable court.

His judgment, in my laymen’s opinion, is perfectly balanced, fair and just. The principle which leads to his decision was the simple the principle of law, he states

“in nature of law is always purposive for if man and society were perfect there would be no need for law. We often encounter complication when one principle of law appears irreconcilably incongruous with another. We are also often compelled to seek the middle course between extremes such as immutability and ephemerality; sometimes as an exercise in precision and sometimes out of nervous uncertainty. Nonetheless,the courts are also often urged to reject the compromise in order to be absolute right rather than to be half wrong. Law is also largely interpretative, and so "absolute" is a very difficult word to employ. Almost everyone has his idea of what the law is or should be and how it is to be applied. It is not unusual to find that the more uncertain and difficult the hermeneutic exercise becomes, the more one restores to vague terms such as "justice". That is why it is not unusual, therefore, to find opposing arguments each claiming to be an argument from justice. Anyone who has studied the chariot race in the Iliad will understand the inherent contradiction in that word. The conflict between fairness, entitlement, and desert all too often stands in the way of a just or ideal solution to disputes.

That said, fairness requires that the law is applied consistently to everyone in similar circumstances. It gazed upon the horse as it does the horseman. It may be the appellant today who slipped, tomorrow, the respondents. It the majority succeeds it is because it is right, not because it is the majority. Likewise if the majority succeeds it is because it is right and not because it receives favors granted only to the underdog. Therefore, in determining the correct interpretation of a law or principle of law, it will be helpful to consider whether an opponent would have objected as strenuously as he did had he been the one in need of the very interpretation he challenges."

You can see that Mr Choo is not only a highly fair and respectable judge but also a logical and reasonable philosopher. It is Singapore court's honor and blessing to have men like him.


Honorable Justice Choo’s decision really makes many majority owner gladly relieved. For more than a month, they have been worried and anxious for huge amount alleged damaged lawsuit looming over their head, with the dark shadow painted by the media to be “greedy” and “contentious”, now, at least, they are vindicated and are giving chance to show the otherwise. Though there were many difficult moments, Horizon Tower owners came to be united and more respectful to one and another. just because of these moments, a lasting and deeper relationship has formed among neighbors; it will become a lasting memory and celebrated mankindness to all CSPs. Truly all things work together for good.

No comments: