In a peculiar case that highlights the challenges of harmonious living in tightly packed urban environments, two neighboring couples in a Housing and Development Board (HDB) block in the Northeastern region of Singapore found themselves embroiled in a legal battle.
What started as a dispute over cigarette smoke and alleged harassment escalated into a courtroom showdown that resulted in unexpected outcomes.
The Smoke and the Rubbish: An Unpleasant Confrontation
The controversy began on the 15th floor of an undisclosed HDB block in the northeastern region of Singapore. Ms. Pua Siew Yok, a resident on that floor, would occasionally enjoy a smoke on her balcony with her sliding door closed to contain the fumes.
Unfortunately, the smoke seemed to find its way into the flat directly above, where Mr. Ng Kok Hwee and Mdm Chua Kim Choo resided.
Frustration grew within the upper unit, and it appears that retaliation was the course of action chosen by Mr. Ng and Mdm Chua.
Their response was both unconventional and unsettling—they started discarding liquids, wet food, and even baked watermelon seeds onto Ms. Pua’s air-con ledge and kitchen window as an act of retaliation.
Claims and Counterclaims: A Legal Showdown
As the situation deteriorated, legal action became inevitable. Ms. Pua accused her upstairs neighbors of trespassing and causing a private nuisance, alleging that their actions infringed upon her right to enjoy her living space without unnecessary disturbances.
In turn, Mr. Ng and Mdm Chua countersued, asserting that Ms. Pua’s smoking was also a form of trespassing and private nuisance that negatively impacted their quality of life.
The courtroom drama unfolded, with both parties presenting their evidence and arguments. To support her claims, Ms. Pua provided CCTV footage captured from her unit.
The footage allegedly showed Mdm Chua dropping an egg onto Ms. Pua’s air-con ledge and scattering melon seeds onto her property. The evidence presented a compelling case of harassment and trespassing.
The Verdict: A Surprising Outcome
After a thorough review of the evidence and arguments, Judge Jonathan Ng awarded Ms. Pua nominal damages of S$500 and aggravated damages of $8,000 for the harassment and trespassing. Additionally, an injunction was issued to prevent Mdm Chua from further littering on Ms. Pua’s property.
However, what truly raised eyebrows was the dismissal of the claims related to smoking. Mr. Ng and Mdm Chua had contended that Mdm Chua’s asthma was exacerbated by Ms. Pua’s smoking. Judge Ng ruled that there was insufficient evidence to establish a direct link between Ms. Pua’s smoking and the worsening of Mdm Chua’s condition. The judge’s decision hinged on the lack of concrete proof regarding the duration and frequency of Ms. Pua’s smoking sessions.