Muhammad Andy Toh Bin Abdullah 1. ) Jejak Gaya Corporation Sdn. Bhd. 2. ) KELANA SENTRAL DEVELOPMENT SDN. BHD.

Muhammad Andy Toh Bin Abdullah 1. ) Jejak Gaya Corporation Sdn. Bhd. 2. ) KELANA SENTRAL DEVELOPMENT SDN. BHD.

The court concluded plaintiffs failed to prove actionable misrepresentation or breach; Recital G and SPA/DoMC grant residents the right to use designated parking bays but do not vest ownership or immunity from charges in residents; the proprietor lawfully retains ownership and may impose reasonable charges under...

Source-derived case information.

Citation
BA-22NCvC-13-01/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Muhammad Andy Toh bin Abdullah; residents of Kelana Sentral-Serviced Apartment (represented); Defendant: Jejak Gaya Corporation Sdn. Bhd.; Defendant: Kelana Sentral Development Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 July 2024
Case Number
BA-22NCvC-13-01/2022 (Mahkamah Tinggi)
Procedural Posture
Civil / Full Trial Judgment (merits) After Court of Appeal Allowed Defendant Appeal and Full Trial Held
Outcome
Plaintiffs' claims dismissed
Legal Topics
Parking Charges, Interpretation of SPA and Do MC, Incorporation of Brochure Representations, Legitimate Expectation, Service Charges and Maintenance
Property Law Contract Law Tort (misrepresentation) Administrative/legitimate Expectation Parking Charges Interpretation of SPA and Do MC Incorporation of Brochure Representations Legitimate Expectation +1 more

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Parties

Muhammad Andy Toh bin Abdullah; residents of Kelana Sentral-Serviced Apartment (represented)

Plaintiff

Jejak Gaya Corporation Sdn. Bhd.

Defendant

Kelana Sentral Development Sdn. Bhd.

Defendant

Procedural Posture

Civil / Full Trial Judgment (merits) After Court of Appeal Allowed Defendant Appeal and Full Trial Held

  1. 1 Whether defendants made false or misleading representations about entitlement to one free parking bay and an additional bay subject to fee prior to SPA/DoMC
  2. 2 Whether plaintiffs and represented residents were entitled to free parking as a contractual right or on basis of legitimate expectation
  3. 3 Whether defendants breached/reneged on representations or contractual terms

Ratio Decidendi

The court concluded plaintiffs failed to prove actionable misrepresentation or breach; Recital G and SPA/DoMC grant residents the right to use designated parking bays but do not vest ownership or immunity from charges in residents; the proprietor lawfully retains ownership and may impose reasonable charges under Clause 32(2) SPA and DoMC to cover maintenance; the imposition of RM100 per bay is lawful and not inconsistent with the contracts; plaintiffs' legitimate expectation was satisfied and there was no repudiation, therefore the claims are dismissed with costs.

Court Disposition

Plaintiffs' claims dismissed

Orders

  • Plaintiffs to pay costs of RM10000.00 to the Defendants jointly (subject to allocatur)