DAMAI 1516 HOMEOWNERS BERHAD LIM KIM LOONG

DAMAI 1516 HOMEOWNERS BERHAD LIM KIM LOONG

The court held the guarded community scheme and related DMC were unlawful and unenforceable because Plaintif lacked required registration/authority and failed to obtain MBSA approvals and comply with guidelines; consequently service charges levied were unlawful and refundable under Section 66 Contract Act 1950; the Plaintif's main claim was struck out under Order 14A and the defendant's counterclaim was ordered for trial; costs awarded to defendant RM2000.

Citation
BA-A72NCvC-1524-12/2023 (Mahkamah Majistret)
Parties
Plaintif: Damai 1516 Homeowners Berhad; Defendan: Lim Kim Loong
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 September 2025
Case Number
BA-A72NCvC-1524-12/2023 (Mahkamah Majistret)
Procedural Posture
Civil Claim With Interlocutory Order 14 a Application / Interlocutory Determination Under Order 14 a (summary Disposal)
Outcome
Plaintif's principal claim dismissed/struck out under Order 14A without leave to file afresh; defendant's counterclaim fixed for trial; costs awarded to defendant RM2000
Legal Topics
Enforceability of Deed of Mutual Covenants, Order 14 a Summary Disposal, Guarded Community Approval and MBSA Guidelines, Unlawful Service Charges and Restitution Under Contract Act, Capacity/registration of Homeowners Association, Building and Planning Approval Non Compliance
Source Language
Malay/English
Contract Law Equity Property Law Administrative Law Civil Procedure Local Government Regulation Enforceability of Deed of Mutual Covenants Order 14 a Summary Disposal +4 more

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Parties

Damai 1516 Homeowners Berhad

Plaintif

Lim Kim Loong

Defendan

Procedural Posture

Civil Claim With Interlocutory Order 14 a Application / Interlocutory Determination Under Order 14 a (summary Disposal)

Legal Issues

  1. 1 Whether the guarded community scheme is lawful without MBSA approval
  2. 2 Whether the Plaintif complied with MBSA Guarded Community Guidelines
  3. 3 Whether the DMC dated 17.10.2014 is enforceable given Plaintif's status and non-compliance with law and DMC provisions

Ratio Decidendi

The court held the guarded community scheme and related DMC were unlawful and unenforceable because Plaintif lacked required registration/authority and failed to obtain MBSA approvals and comply with guidelines; consequently service charges levied were unlawful and refundable under Section 66 Contract Act 1950; the Plaintif's main claim was struck out under Order 14A and the defendant's counterclaim was ordered for trial; costs awarded to defendant RM2000.

Court Disposition

Plaintif's principal claim dismissed/struck out under Order 14A without leave to file afresh; defendant's counterclaim fixed for trial; costs awarded to defendant RM2000

Orders

  • Plaintif's principal claim is struck out under Order 14A without liberty to file afresh
  • Defendant's counterclaim is set down for trial