Ideal City Development Sdn. Bhd. 1. ) Tribunal Pengurusan Strata Putrajaya, Wilayah Persekutuan 2. ) Chimes AG Sdn. Bhd.

Ideal City Development Sdn. Bhd. 1. ) Tribunal Pengurusan Strata Putrajaya, Wilayah Persekutuan 2. ) Chimes AG Sdn. Bhd.

The Court allowed the appeal and quashed the Tribunal's award because the Tribunal lacked jurisdiction to order a developer to supply bank statements, approved plans and other records directly to an individual parcel owner after the JMB had been formed; section 15 of the SMA 2013 vests custody and handover obligations in the JMB (and subsequently the MC) and paragraph 12 of the Fourth Schedule must be read to compel production to the JMB in accordance with the Act, not to individual owners; the award was therefore ultra vires.

Citation
W-01(A)-2-01/2023 (Mahkamah Rayuan)
Parties
Appellant: Ideal City Development Sdn Bhd; First Respondent: Tribunal Pengurusan Strata Putrajaya, Wilayah Persekutuan; Second Respondent: Chimes AG Sdn Bhd
Court
A
Jurisdiction
Malaysia
Judgment Date
11 November 2024
Case Number
W-01(A)-2-01/2023 (Mahkamah Rayuan)
Procedural Posture
Judicial Review Appeal (civil) / Court of Appeal Judgment
Outcome
Appeal allowed; Tribunal award quashed; decision of the High Court set aside
Legal Topics
Tribunal Jurisdiction, Handing Over of Documents, Locus Standi, Ultra Vires, Natural Justice
Source Language
Malay/English
Strata Management Administrative Law Judicial Review Civil Procedure Statutory Interpretation Tribunal Jurisdiction Handing Over of Documents Locus Standi +2 more

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Parties

Ideal City Development Sdn Bhd

Appellant

Tribunal Pengurusan Strata Putrajaya, Wilayah Persekutuan

First Respondent

Chimes AG Sdn Bhd

Second Respondent

Procedural Posture

Judicial Review Appeal (civil) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Strata Management Tribunal had jurisdiction to order a developer to supply documents directly to an individual parcel owner after the JMB was formed
  2. 2 Whether paragraph 12 of Part 1 of the Fourth Schedule and section 107 permit individual owners to obtain documents that section 15 vests with the JMB
  3. 3 Whether the Tribunal's award was ultra vires and therefore amenable to certiorari

Ratio Decidendi

The Court allowed the appeal and quashed the Tribunal's award because the Tribunal lacked jurisdiction to order a developer to supply bank statements, approved plans and other records directly to an individual parcel owner after the JMB had been formed; section 15 of the SMA 2013 vests custody and handover obligations in the JMB (and subsequently the MC) and paragraph 12 of the Fourth Schedule must be read to compel production to the JMB in accordance with the Act, not to individual owners; the award was therefore ultra vires.

Court Disposition

Appeal allowed; Tribunal award quashed; decision of the High Court set aside

Orders

  • The award of the Strata Management Tribunal dated 22.9.2020 is quashed as ultra vires
  • The decision of the High Court dismissing the judicial review is set aside