Tagged: Quashing orders

Bukit Brown Cemetery: You Can Sue, but You Won’t Win

A statue of a sepoy guarding a tomb in Bukit Brown Cemetery

A statue of a sepoy guarding a tomb in Bukit Brown Cemetery. (Photograph © 2011 Jack Tsen-Ta Lee.)

Jack Tsen-Ta Lee
Assistant Professor of Law
School of Law, SMU

THE CAUSE CÉLÈBRE that is Bukit Brown Cemetery has galvanized numerous civil society groups into calling for its preservation. They are responding to the Ministry of National Development’s decision to build a road across the historic burial ground to ease traffic congestion along Lornie Road and the Pan Island Expressway during peak hours, and to allow for future traffic growth.

Can an application be made to the High Court for judicial review against the MND to prevent it from constructing the planned eight-lane highway? This is a question of administrative law – the branch of law relating to how one sues the Government when it is alleged to have acted unlawfully. The remedies that might be sought include a quashing order to cancel the original decision, and a mandatory order to require the MND to reconsider its decision, relying on the correct legal principles. Continue reading