1. ) K. MANOKAR A/L KRISHNAN 2. ) ZAHARAH BINTI NORDIN PERBADANAN PENGURUSAN OCTVILLE CONDOMINIUM

1. ) K. MANOKAR A/L KRISHNAN 2. ) ZAHARAH BINTI NORDIN PERBADANAN PENGURUSAN OCTVILLE CONDOMINIUM

The originating summons was dismissed because the declaratory relief sought was academic — plaintiffs had their arrears resolved and were no longer prevented from using the parking lot — and the respondent acted within powers conferred by the Strata Management Act, regulations and house rules to deactivate access pending payment; plaintiffs failed to prove loss or justify exemplary damages and claims for damages should be litigated in a writ action. Costs RM1,500 awarded to respondent.

Citation
JA-A54-11-05/2022 (Mahkamah Sesyen)
Parties
Plaintiff: K. Manokar a/l Krishnan; Plaintiff: Zaharah binti Nordin; Respondent: Perbadanan Pengurusan Octaville Condominium
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
14 September 2022
Case Number
JA-A54-11-05/2022 (Mahkamah Sesyen)
Procedural Posture
Originating Summons / Judgment on Originating Summons (trial Court)
Outcome
Originating summons (Lampiran 1) dismissed
Legal Topics
Declaration of Title, Parking/accessory Parcel Dispute, Maintenance Charges and Sinking Fund, Deactivation of Access for Non Payment, Section 340 National Land Code, Specific Relief Act S.41 Declarations, Damages Claims
Source Language
Malay/English
Property Law Land Law Strata Management Law Civil Procedure Contract Declaration of Title Parking/accessory Parcel Dispute Maintenance Charges and Sinking Fund +4 more

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Parties

K. Manokar a/l Krishnan

Plaintiff

Zaharah binti Nordin

Plaintiff

Perbadanan Pengurusan Octaville Condominium

Respondent

Procedural Posture

Originating Summons / Judgment on Originating Summons (trial Court)

Legal Issues

  1. 1 Whether a declaratory order as to beneficial ownership and right to parking accessory lot A3 was appropriate
  2. 2 Whether respondent lawfully deactivated plaintiffs' parking access card under strata law and house rules
  3. 3 Whether plaintiffs are entitled to exemplary and general damages for restriction of enjoyment

Ratio Decidendi

The originating summons was dismissed because the declaratory relief sought was academic — plaintiffs had their arrears resolved and were no longer prevented from using the parking lot — and the respondent acted within powers conferred by the Strata Management Act, regulations and house rules to deactivate access pending payment; plaintiffs failed to prove loss or justify exemplary damages and claims for damages should be litigated in a writ action. Costs RM1,500 awarded to respondent.

Court Disposition

Originating summons (Lampiran 1) dismissed

Orders

  • Lampiran 1 dismissed
  • Respondent awarded costs of RM1,500.00