ESTHER TAN WOOI HONG & ORS. V. SAUJANA HOLDING SDN. BHD. & ORS.

ESTHER TAN WOOI HONG & ORS. V. SAUJANA HOLDING SDN. BHD. & ORS.

The High Court has jurisdiction under para.6 of the Schedule to the Courts of Judicature Act together with its inherent powers and rules of court to authorize a nominated valuer/manager to apply for issuance of strata titles and to empower the Senior Assistant Registrar to transfer and effect necessary registrations on behalf of a defunct proprietor where no statutory body is vested with those functions and where such relief is just and necessary to preserve the property and enforce contractual obligations; accordingly the plaintiffs' prayers 1 to 5 are allowed.

Citation
ESTHER TAN WOOI HONG & ORS. V. SAUJANA HOLDING SDN. BHD. & ORS.
Parties
Plaintiffs: Esther Tan Wooi Hong & Ors.; 1st Defendant (proprietor): Saujana Holdings Sdn. Bhd.; 2nd Defendant (chargee): Perwira Affin Bank Berhad; 3rd and 4th Defendants: 3rd and 4th defendants (purchasers)
Court
Malaysian court
Jurisdiction
Malaysia
Judgment Date
1996
Procedural Posture
Originating Summons (interlocutory Application) / Judgment (application Allowed)
Outcome
Application allowed
Legal Topics
Appointment of Receiver/manager, Issuance of Strata Titles, Interim Preservation of Property, Inherent Jurisdiction, Mandatory Interlocutory Relief
Source Language
en
Property Law Civil Procedure Strata Titles Appointment of Receiver/manager Issuance of Strata Titles Interim Preservation of Property Inherent Jurisdiction Mandatory Interlocutory Relief

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Parties

Esther Tan Wooi Hong & Ors.

Plaintiffs

Saujana Holdings Sdn. Bhd.

1st Defendant (proprietor)

Perwira Affin Bank Berhad

2nd Defendant (chargee)

3rd and 4th defendants (purchasers)

3rd and 4th Defendants

Procedural Posture

Originating Summons (interlocutory Application) / Judgment (application Allowed)

Legal Issues

  1. 1 Whether the High Court has jurisdiction to empower a private valuer/manager to apply for strata titles on behalf of a defunct proprietor
  2. 2 Whether the Court may appoint or empower a receiver/manager or agent to preserve property and enforce contractual covenants relating to strata subdivision
  3. 3 Whether granting the relief would usurp powers vested in any statutory body or amount to an improper assumption of statutory functions

Ratio Decidendi

The High Court has jurisdiction under para.6 of the Schedule to the Courts of Judicature Act together with its inherent powers and rules of court to authorize a nominated valuer/manager to apply for issuance of strata titles and to empower the Senior Assistant Registrar to transfer and effect necessary registrations on behalf of a defunct proprietor where no statutory body is vested with those functions and where such relief is just and necessary to preserve the property and enforce contractual obligations; accordingly the plaintiffs' prayers 1 to 5 are allowed.

Court Disposition

Application allowed

Orders

  • Prayers 1 to 5 of the plaintiffs' application dated 22 December 1995 are allowed
  • M/s C.A. Lim & Co. (Mr Lim Chien Aun) is authorized to apply to the Land Administrator for subdivision and issuance of strata titles for the building (Lot 2149, Seksyen 4, Georgetown) on behalf of the 1st defendant