ASMA BINTI AHMAD SHARIFF TIARA MANAGEMENT CORPORATION

ASMA BINTI AHMAD SHARIFF TIARA MANAGEMENT CORPORATION

Section 59(1)(a) and (i) of the Strata Management Act 2013 do not, on their proper construction, impose a standalone statutory duty on a management corporation to establish or maintain a system of safety and security for residents; implementation of such measures is effected by by-laws or collective decisions (eg special resolution); plaintiff failed to prove breach or control necessary for res ipsa loquitur and failed to prove quantum; appeal dismissed.

Citation
BA-12B-139-12/2024 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Asma Binti Ahmad Shariff; Respondent/defendant: Tiara Management Corporation
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 July 2025
Case Number
BA-12B-139-12/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (re Hearing) / High Court Appeal From Sessions Court Decision
Outcome
Appeal dismissed; Sessions Court dismissal of plaintiff's claim upheld; plaintiff ordered to pay costs
Legal Topics
Breach of Statutory Duty, Duty of Care, Res Ipsa Loquitur, Contributory Negligence, Non Delegable Duty, Assessment of Damages
Source Language
Malay/English
Strata Management Law Tort Law Negligence Civil Procedure Evidence Law Breach of Statutory Duty Duty of Care Res Ipsa Loquitur +3 more

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Parties

Asma Binti Ahmad Shariff

Appellant/plaintiff

Tiara Management Corporation

Respondent/defendant

Procedural Posture

Civil Appeal (re Hearing) / High Court Appeal From Sessions Court Decision

Legal Issues

  1. 1 Whether management corporation owed statutory duty under Strata Management Act 2013 s59(1)(a) and (i) to provide and maintain a security system for residents
  2. 2 Whether defendant breached any statutory or common law duty of care
  3. 3 Whether res ipsa loquitur applies to infer negligence

Ratio Decidendi

Section 59(1)(a) and (i) of the Strata Management Act 2013 do not, on their proper construction, impose a standalone statutory duty on a management corporation to establish or maintain a system of safety and security for residents; implementation of such measures is effected by by-laws or collective decisions (eg special resolution); plaintiff failed to prove breach or control necessary for res ipsa loquitur and failed to prove quantum; appeal dismissed.

Court Disposition

Appeal dismissed; Sessions Court dismissal of plaintiff's claim upheld; plaintiff ordered to pay costs

Orders

  • Appeal dismissed
  • Plaintiff ordered to pay costs to Defendant in the sum of RM10000.00