Wong Peng Hung 1. ) TSI Domain Sdn Bhd 2. ) TSI Property Management Sdn Bhd PIHAK KETIGA Ketua pengarah Perumahan Negara

Wong Peng Hung 1. ) TSI Domain Sdn Bhd 2. ) TSI Property Management Sdn Bhd PIHAK KETIGA Ketua pengarah Perumahan Negara

Plaintiffs lack locus standi to pursue claims concerning common property because such claims must be brought by the management corporation under s59 Strata Management Act 2013; the claims are duplicative of FRMC's existing suit and constitute an abuse and multiplicity of proceedings; accordingly the writ and statement of claim are struck out and defendants' application is allowed with costs.

Citation
WA-22NCvC-271-05/2022 (Mahkamah Tinggi)
Parties
Plaintif: WONG PENG HUNG; Plaintif: PERBADANAN PENGURUSAN FIRST RESIDENCE; Defendan: TSI PROPERTY MANAGEMENT SDN BHD; Defendan: TSI DOMAIN SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 May 2023
Case Number
WA-22NCvC-271-05/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Strike Out Application Under Rules of Court / High Court Judgment on Application to Strike Out Writ and Statement of Claim
Outcome
Defendants' application allowed; writ and statement of claim struck out for lack of locus standi and multiplicity/abuse of process.
Legal Topics
Locus Standi, Common Property, Multiplicity of Proceedings, Abuse of Process, Strike Out, Costs
Source Language
Malay/English
Civil Procedure Strata Management Property Law Contract Law Locus Standi Common Property Multiplicity of Proceedings Abuse of Process +2 more

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Parties

WONG PENG HUNG

Plaintif

PERBADANAN PENGURUSAN FIRST RESIDENCE

Plaintif

TSI PROPERTY MANAGEMENT SDN BHD

Defendan

TSI DOMAIN SDN BHD

Defendan

Procedural Posture

Civil Strike Out Application Under Rules of Court / High Court Judgment on Application to Strike Out Writ and Statement of Claim

Legal Issues

  1. 1 Whether individual parcel owners have locus standi to sue in respect of common property under Strata Management Act 2013 s59
  2. 2 Whether the plaintiffs' proceedings are multiplicity of proceedings and an abuse of process given an existing suit by the management corporation (FRMC)
  3. 3 Whether the writ and statement of claim ought to be struck out under Rules of Court (Rule 18(1)(b),(d) and Rule 92)

Ratio Decidendi

Plaintiffs lack locus standi to pursue claims concerning common property because such claims must be brought by the management corporation under s59 Strata Management Act 2013; the claims are duplicative of FRMC's existing suit and constitute an abuse and multiplicity of proceedings; accordingly the writ and statement of claim are struck out and defendants' application is allowed with costs.

Court Disposition

Defendants' application allowed; writ and statement of claim struck out for lack of locus standi and multiplicity/abuse of process.

Orders

  • Writ dated 17.05.2022 and Statement of Claim dated 15.06.2022 are struck out
  • Costs awarded to defendants in the sum of RM5,000.00 subject to taxation (fi alokatur)