MURALDHARAN A/L SANKU PILLAI USJ SRI BAYU MANAGEMENT CORPORATION

MURALDHARAN A/L SANKU PILLAI USJ SRI BAYU MANAGEMENT CORPORATION

The appeal is dismissed because under the Strata Management Act 2013 the management corporation's statutory duties are confined to common property and do not include responsibility for the security of an individual parcel; the plaintiff as an individual therefore has no reasonable cause of action and lacks locus...

Source-derived case information.

Citation
BA-12A-50-08/2020 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Muraldharan A/L Sanku Pillai; Respondent/1st Defendant: USJ Sri Bayu Management Corporation; 2nd Defendant: Galaxyforce Security Services Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 August 2022
Case Number
BA-12A-50-08/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Interlocutory Appeal (rehearing Afresh) From Sessions Court; Challenge to Order 18 R.19/order 92 R.4 Strike Out
Outcome
Appeal dismissed; decision of the Sessions Court allowing strike out affirmed
Legal Topics
Negligence, Duty of Care, Management Corporation Liability, Strike Out Application, Locus Standi, Admission of Fresh Evidence, Common Property Definition
Civil Procedure Tort Property (strata/condominium Law) Statutory Interpretation Negligence Duty of Care Management Corporation Liability Strike Out Application +3 more

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Summary, issues, holding and outcome

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Parties

Muraldharan A/L Sanku Pillai

Appellant/plaintiff

USJ Sri Bayu Management Corporation

Respondent/1st Defendant

Galaxyforce Security Services Sdn Bhd

2nd Defendant

Procedural Posture

Civil Appeal / Interlocutory Appeal (rehearing Afresh) From Sessions Court; Challenge to Order 18 R.19/order 92 R.4 Strike Out

Legal Issues

  1. 1 Whether a management corporation under the Strata Management Act 2013 owes a duty of care to individual parcel owners for security of their units
  2. 2 Whether the plaintiff's statement of claim discloses a reasonable cause of action or is plainly and obviously unsustainable for strike out under O.18 r.19
  3. 3 Whether an individual parcel owner has locus standi to sue the management corporation for losses from a burglary inside the parcel

Ratio Decidendi

The appeal is dismissed because under the Strata Management Act 2013 the management corporation's statutory duties are confined to common property and do not include responsibility for the security of an individual parcel; the plaintiff as an individual therefore has no reasonable cause of action and lacks locus standi, and the claim is plainly and obviously unsustainable for strike out under O.18 r.19.

Court Disposition

Appeal dismissed; decision of the Sessions Court allowing strike out affirmed

Orders

  • Appeal dismissed with costs
  • Decision of Sessions Court dated 7.8.2020 allowing striking out of the Writ and Statement of Claim affirmed