Couple throws things on HDB neighbour’s air-con ledge cos they didn’t like her smoking; smoker then sues them $60,000 for trespassing & nuisance

SINGAPORE: In retaliation for a neighbour who smoked in their flat, one couple threw things onto her air-conditioner ledge and made loud noises. The smoker then sued the couple for trespassing and private nuisance, claiming damages of $60,000.

The couple, Mr Ng Kok Hwee and Mdm Chua Kim Choo filed a counterclaim against the smoker, Ms Pua Siew Yok. They said the smoke from Ms Pua, who lives directly below them, enters their flat.

CNA reported that the magistrate’s court in the neighbour dispute awarded Ms Pua S$17,000 in damages over a number of her claims. The counterclaims of Mr Ng and Mdm Chua were dismissed.

The court also granted an injunction restraining the couple from throwing things on any part of Ms Pua’s property.

CNA added that the dispute began when the couple, unhappy with the smoke from Ms Pua’s flat, would throw liquids, wet food, or watermelon seeds onto the air-con ledge and kitchen window or at her front gate.

They also hung sheets from their flat that blocked Ms Pua’s unit.

However, the couple claimed that the substances from their unit that fell on Ms Pua’s had not been intentional since they had birds and plants on their balcony or cleaned their windows and balcony.

Pictures and videos of eggs, cooked rice, and leftover food on Ms Pua’s air-con ledge were shown in court. A picture of watermelon seeds that were thrown onto her air-con compressor was also shown to the court.

Two videos that were played showed Mdm Chua was responsible for throwing some items, such as an egg, onto the ledge. Watermelon seeds and other items in a mop were lowered from the upper floor and then shaken so that the items would fall onto Ms Pua’s flat.

District Judge Jonathan Ng Pang Ern called Mdm Chua’s actions against her downstairs neighbour “high-handed”, insulting, and oppressive, awarding Ms Pua nominal damages of $500 and aggravated damages of $8,000.

As for the noises the couple made, the judge added that Mdm Chua had “embarked on a campaign of harassing behaviour” toward her downstairs neighbour, again awarding her nominal damages of $500 and aggravated damages of $8,000. /TISG

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