attended subordinate court before?

[jayeho]

hi there,

anyone ever attended subordinate court before?

what is the procedures and consequences if lose the case (eg. no evident proof etc)


last week i make a magistrate's complaint to sub court for my neighbour above my unit making noise at nights and mornings (dragging table, chair or dropping things above my bed room -- their living room is above my bed room).

it has been many years, i called to police, HDB, Town Council and no use and we both parties finally attended a mediation 3 about yrs ago and we signed the agreement, since then my neighbour rented out the whole unit to foreign workers and the noise back again after sometime.

i call for the mediation again but the foreign workers or own never respond so i bring it to court, actually i wanted to settle through mediation instead of sub...

any advices from any bro there?

thanks

[116520]

In Singapore, I think there is no case for this... I think you are wasting your time and money...

[jayeho]

have to pay ???

[116520]

Oh sorry... money like taxi fare, day-off, etc.. the court is free... but I don't see any "punishment" can be charged to your neighbours. Also there is no "compensation" on your side...

In the states, you can sue for anything and you get paid for it.

[jayeho]

i don't want "compensation" just want peaceful night sleep.

[jayeho]

BTW how is your friend's case? got back any refund??

[116520]

In court, you must act to enforce violations of specific nuisance ordinances. However, the courts are not eager to intervene in minor disputes between neighbors. To obtain relief in court, you must show that the noise seriously impairs your enjoyment of life or property; it must be more than merely annoying. Legal standards such as "reasonableness" come into play, and the offending party can raise a variety of defenses to your suit.

[116520]

Oh... thanks for the concern, he managed to change to SS with my help... but the salesman was not very happy as he told us that they need to request for a new warranty card from Rolex for the watch returned...

[116520]

To win the case, you'll need to show:

1) There is excessive and disturbing noise.
2) The person you are suing is either creating the noise or is the landlord and therefore responsible.
3) Your enjoyment of your home is affected.
4) You have asked the person to stop the noise.

To prove your case, use police reports, witnesses, your own testimony, or even a recording.

[jayeho]

wah lah! complicated!

it is a small matter only, just want to settle in CMC but they no respond so i got no choice, i talk to them many time and even shouted many time...

but why judge can accept me when i went to the counter for application?

dont know my letters from CMC can or not the 1st letter was misplace have to hunt from it...

thanks 116520, worry these few days never attend a court and see a judge b4

To win the case, you'll need to show:

1) There is excessive and disturbing noise.
2) The person you are suing is either creating the noise or is the landlord and therefore responsible.
3) Your enjoyment of your home is affected.
4) You have asked the person to stop the noise.

To prove your case, use police reports, witnesses, your own testimony, or even a recording.

[jayeho]

luckily u help your friend get back some $$$, think next time want to buy a rolex ask u come along hahaha....

[triton]

if you lose the case, you will have to pay the court fees and the other party's disbursment costs.

my suggestion is that you can call NEA and ask them if they can loan out their noise meter. if the recording of the noise meter is above the acceptance level and @ hours which is considered disturbing one's sleep, you will have a case. you are probably better off engaging a lwayer to help in your case.

i would personally suggest that you go to town council and get the person to get the other owner to turn up. if that fails, you can always check with HDB if it is violating any rules since the whole unit is rented out to foreign workers.

going to police will not help as they will just turn up and tell them to quieten down. you can also rope in your neighbours to make a case.

actually, you are better off going to the PAP meet the people session to lodge a complaint and get the MP to write to the relevant departments .

[jayeho]

Thanks Triton,

what should i do now as i have file a record on 2 sept, cancel the court case and seek help from MP??

will i be sue by court instead as i put u my right hand and make a swear...

[triton]

as to legal side, im not sure what is the implication. i think you can withdraw ur case. suggest u seek lawyer advice.

Thanks Triton,

what should i do now as i have file a record on 2 sept, cancel the court case and seek help from MP??

will i be sue by court instead as i put u my right hand and make a swear...

[116520]

You can also ask for the landlord's help in quieting the neighbor. Standard rental and lease agreements contain a clause entitled "Quiet Enjoyment." This clause gives tenants the right to occupy their apartments in peace and also imposes upon them the responsibility not to disturb their neighbors. It's the landlord's job to enforce both sides of this bargain.

If situation is same and is keeping you up every night, the tenant is probably violating the rental agreement and could be evicted. Especially if several neighbors complain, the landlord will probably order the tenant to comply with the lease or face eviction.