SUSUR SAUJANA SDN BHD KBC MANAGEMENT CORPORATION

SUSUR SAUJANA SDN BHD KBC MANAGEMENT CORPORATION

The High Court allowed the appeal because triable issues existed as to whether the plaintiff sued the correct defendant and whether the sums were properly attributable to the defendant; summary judgment was therefore inappropriate and must be set aside to allow a full trial to determine liability under Act 757.

Citation
BA-12ANCvC-24-02/2022 (Mahkamah Tinggi)
Parties
Appellant/defendant: Susur Saujana Sdn. Bhd.; Respondent/plaintiff: KBC Management Corporation
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 July 2022
Case Number
BA-12ANCvC-24-02/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in High Court
Outcome
Appeal allowed; summary judgment set aside; defendant granted leave to defend; matter remitted for trial before another Sessions Court judge; costs awarded to defendant.
Legal Topics
Recovery of Service and Sinking Fund Charges, Liability of Successor in Title, Summary Judgment Under Order 14 Rules of Court 2012, Statutory Interpretation of Strata Management Act 2013
Source Language
Malay/English
Strata Management Property Law Civil Procedure Contract Recovery of Service and Sinking Fund Charges Liability of Successor in Title Summary Judgment Under Order 14 Rules of Court 2012 Statutory Interpretation of Strata Management Act 2013

Case Brief

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Parties

Susur Saujana Sdn. Bhd.

Appellant/defendant

KBC Management Corporation

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in High Court

Legal Issues

  1. 1 Whether the outstanding charges claimed are attributable to the defendant
  2. 2 Whether the plaintiff sued the correct defendant given charges were incurred by a predecessor owner (FCB)
  3. 3 Whether the plaintiff may pursue recovery from the defendant under Strata Management Act 2013 (Act 757) or must pursue FCB or its successor

Ratio Decidendi

The High Court allowed the appeal because triable issues existed as to whether the plaintiff sued the correct defendant and whether the sums were properly attributable to the defendant; summary judgment was therefore inappropriate and must be set aside to allow a full trial to determine liability under Act 757.

Court Disposition

Appeal allowed; summary judgment set aside; defendant granted leave to defend; matter remitted for trial before another Sessions Court judge; costs awarded to defendant.

Orders

  • Summary judgment previously entered against the defendant is set aside
  • Defendant Susur Saujana Sdn. Bhd. is granted leave to defend the action