BADAN PENGURUSAN BERSAMA COVA SUITES PESURUHJAYA BANGUNAN, MAJLIS BANDARAYA PETALING JAYA

BADAN PENGURUSAN BERSAMA COVA SUITES PESURUHJAYA BANGUNAN, MAJLIS BANDARAYA PETALING JAYA

The High Court held the Commissioner acted within statutory powers under subparagraph 11(5) of the Second Schedule to the SMA 2013 because the applicant failed to hold annual AGMs, failed to convene an EGM within the statutory period after requisition, failed to file audited accounts and breached subparagraph 2(5)...

Source-derived case information.

Citation
BA-25-57-09/2023 (Mahkamah Tinggi)
Parties
Applicant: Badan Pengurusan Bersama Cova Suites (No. Pendaftaran: 0228); Respondent: Pesuruhjaya Bangunan, Majlis Bandaraya Petaling Jaya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 August 2024
Case Number
BA-25-57-09/2023 (Mahkamah Tinggi)
Procedural Posture
Judicial Review / High Court Judgment (first Instance)
Outcome
Application for judicial review dismissed
Legal Topics
Judicial Review Grounds, Extraordinary General Meeting (egm), Annual General Meeting (agm), Commissioner of Buildings Powers, Statutory Interpretation
Administrative Law Strata Management Law Civil Procedure Judicial Review Grounds Extraordinary General Meeting (egm) Annual General Meeting (agm) Commissioner of Buildings Powers Statutory Interpretation

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Parties

Badan Pengurusan Bersama Cova Suites (No. Pendaftaran: 0228)

Applicant

Pesuruhjaya Bangunan, Majlis Bandaraya Petaling Jaya

Respondent

Procedural Posture

Judicial Review / High Court Judgment (first Instance)

  1. 1 Whether the Commissioner of Buildings acted ultra vires in appointing a person to convene an EGM to dissolve and re-elect the management committee
  2. 2 Whether the Commissioner was obliged to investigate the validity of requisitions before exercising powers under the Second Schedule to the Strata Management Act 2013
  3. 3 Whether pending judicial proceedings or tribunal awards prevented the Commissioner from exercising powers under the SMA 2013

Ratio Decidendi

The High Court held the Commissioner acted within statutory powers under subparagraph 11(5) of the Second Schedule to the SMA 2013 because the applicant failed to hold annual AGMs, failed to convene an EGM within the statutory period after requisition, failed to file audited accounts and breached subparagraph 2(5) concerning office tenure; the Commissioner is not required to verify the detailed validity of requisitions before authorizing a person to convene an EGM, therefore the impugned decision was lawful, rational and procedurally proper.

Court Disposition

Application for judicial review dismissed

Orders

  • Application dismissed
  • Costs awarded to respondent in the sum of RM4,000.00 subject to allocator