Rubbish Trucks Hit a Roadblock!

In a dramatic showdown, a bustling mall in Singapore has taken to the courts against KOSMA Holdings, the owner of a crucial service road leading to its loading bay and rubbish center. The mall claims that KOSMA’s steep access fees of S$5.56 (US$4.35) per half hour have become a nightmare for their refuse trucks.

KOSMA's Business Move Turns Controversial

Since acquiring the service road, KOSMA has ruthlessly exploited its ownership by implementing hefty charges for rubbish trucks, obstructing manual bin wheelings, and enforcing parking fees at the entrance of the loading bay, in addition to existing Electronic Parking System (EPS) fees.

Parklane Shopping Mall in a Tight Spot!

Facing challenges that hinder daily waste removal and disrupt deliveries, the management of Parklane Shopping Mall didn’t hold back. They argued in court that KOSMA’s actions have caused significant delays and issues for their operations.

Accessing the Loading Bay: A Difficult Journey!

While the mall fronts the busy Selegie Road, the only route to its loading bay involves navigating through the smaller Kirk Terrace, which leads to the contested service road owned by KOSMA.

A Complex Web of Ownership

KOSMA Holdings not only owns the service road but also manages the adjacent multi-storey car park through its subsidiary, K Parking. The road was once part of a larger lot that was split in the past, leading to the current dispute.

From Goodwill to Fees: A Changing Landscape

In a surprising twist, K Parking started charging refuse trucks access fees, something the previous owner had allowed free of charge. The situation escalated with KOSMA putting up fences, bollards, and even charging administrative fees for unauthorized access.

Legal Battle Unfolds!

Seeking relief, Parklane Shopping Mall is asking for a legal easement that would permit them to access the service road without hindrance. This legal maneuver aims to reinstate their operational flexibility amidst the chaos brought on by KOSMA’s new policies.

Judge's Ruling: A Path Forward?

Justice Philip Jeyaretnam ruled that an easement was necessary for the mall to function effectively, stressing that KOSMA’s actions have been unreasonable and detrimental to the mall’s operations. He ordered the mall to pursue a formal easement agreement while highlighting the potential for KOSMA to receive adequate compensation.

What’s Next in this Legal Tussle?

As both parties navigate their next steps—and potentially enter negotiations—the stakes remain high. Experts speculate that if an agreement on the easement can’t be reached, the court may need to intervene again, potentially reshaping the access landscape for many years to come.

Conclusion: A Battle for Access and Control!

This legal battle not only illustrates the complexities of property ownership and access rights but also sparks a discussion on the future of commercial operations in urban areas. Will Parklane Shopping Mall reclaim its access rights, or will KOSMA continue its grip on the gateway?