WA-22NCVC-399-07/2018 (Mahkamah Tinggi)

WA-22NCVC-399-07/2018 (Mahkamah Tinggi)

Plaintiff failed to prove on balance of probabilities that defendants denied access, disputed ownership or caused the sale to fail; plaintiff did not call key witnesses nor provide cogent documentary evidence and adverse inferences applied; defendants proved the running account of outstanding maintenance fees which was not statute-barred; accordingly plaintiff's claim dismissed and defendants' counterclaim allowed with costs.

Citation
WA-22NCVC-399-07/2018 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Aman Teguh Sdn Bhd; Respondent/defendant: City Gardens Condominium-KL-MC; Respondent/defendant: Mark Bayoud; Respondent/defendant: Andre Jean Sibert
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 August 2022
Case Number
WA-22NCVC-399-07/2018 (Mahkamah Tinggi)
Procedural Posture
Civil / Appeal (post Trial)
Outcome
Plaintiff's claims dismissed; Defendants' counterclaim allowed
Legal Topics
Access to Property, Management Corporation Duties, Maintenance/service Charges, Standing and Ownership Dispute, Counterclaim for Arrears, Burden of Proof and Adverse Inference, Costs and Abuse of Process
Source Language
Malay/English
Condominium/strata Management Property Law Contract Law Tort (economic Loss) Civil Procedure Evidence Law Limitation Access to Property +6 more

Case Brief

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Parties

Aman Teguh Sdn Bhd

Appellant/plaintiff

City Gardens Condominium-KL-MC

Respondent/defendant

Mark Bayoud

Respondent/defendant

Andre Jean Sibert

Respondent/defendant

Procedural Posture

Civil / Appeal (post Trial)

Legal Issues

  1. 1 Whether the management corporation and its officers denied or prevented access to the unit on 16.7.2013 and thereafter
  2. 2 Whether the defendants disputed the plaintiff's ownership of the unit
  3. 3 Whether the defendants' conduct caused the sale to fail and plaintiff suffered loss

Ratio Decidendi

Plaintiff failed to prove on balance of probabilities that defendants denied access, disputed ownership or caused the sale to fail; plaintiff did not call key witnesses nor provide cogent documentary evidence and adverse inferences applied; defendants proved the running account of outstanding maintenance fees which was not statute-barred; accordingly plaintiff's claim dismissed and defendants' counterclaim allowed with costs.

Court Disposition

Plaintiff's claims dismissed; Defendants' counterclaim allowed

Orders

  • Plaintiff's claim dismissed with costs
  • Defendants' counterclaim allowed; Plaintiff to pay RM82,496.23 to First Defendant as at 28.2.2019