NUSAJAYA LAND SDN. BHD. MILLION IMPACT SDN. BHD.

NUSAJAYA LAND SDN. BHD. MILLION IMPACT SDN. BHD.

Plaintiff established a prima facie case based on clear, binding sale and purchase agreements containing successor‑bound clauses obliging payment of management/maintenance charges; defendant's affidavit contained only bare denials unsupported by evidence and thus failed to raise a triable issue, warranting summary judgment for plaintiff.

Citation
JA-A52NCvC-59-03/2020 (Mahkamah Sesyen)
Parties
PLAINTIF: Nusajaya Land Sdn Bhd; DEFENDAN: Million Impact Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
25 June 2023
Case Number
JA-A52NCvC-59-03/2020 (Mahkamah Sesyen)
Procedural Posture
Civil Suit (contract/property) / Order 14 Summary Judgment Application
Outcome
Plaintiff's Order 14 application allowed; summary judgment entered for plaintiff
Legal Topics
Privity of Contract, Successor in Title, Summary Judgment, Maintenance/management Charges, Strata Law Applicability, Bare Denial as Defence
Source Language
Malay/English
Contract Property Civil Procedure Privity of Contract Successor in Title Summary Judgment Maintenance/management Charges Strata Law Applicability +1 more

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Parties

Nusajaya Land Sdn Bhd

PLAINTIF

Million Impact Sdn Bhd

DEFENDAN

Procedural Posture

Civil Suit (contract/property) / Order 14 Summary Judgment Application

Legal Issues

  1. 1 Whether plaintiff has privity of contract with defendant in respect of the property
  2. 2 Whether defendant is a successor in title and therefore liable to pay management/maintenance charges
  3. 3 Whether defendant had notice that the property was subject to gated and guarded community charges

Ratio Decidendi

Plaintiff established a prima facie case based on clear, binding sale and purchase agreements containing successor‑bound clauses obliging payment of management/maintenance charges; defendant's affidavit contained only bare denials unsupported by evidence and thus failed to raise a triable issue, warranting summary judgment for plaintiff.

Court Disposition

Plaintiff's Order 14 application allowed; summary judgment entered for plaintiff

Orders

  • Order 14 summary judgment allowed in favour of plaintiff
  • Costs to plaintiff RM3000.00