SERTA PROPERTIES SDN BHD 1. ) WISMA COSWAY MANAGEMENT CORPORATION 2. ) STEPHEN PROPERTIES SDN BHD

SERTA PROPERTIES SDN BHD 1. ) WISMA COSWAY MANAGEMENT CORPORATION 2. ) STEPHEN PROPERTIES SDN BHD

Summary judgment was appropriate because the procedural prerequisites were satisfied, the Strata Management Act 2013 created a statutory/guaranteed undisputed debt for unpaid maintenance charges, the First Defendant produced prima facie evidence (AGM minutes, invoices, audited accounts) and prior judgments established the Plaintiff's liability such that no bona fide triable issues remained and res judicata/estoppel applied.

Citation
WA-22NCvC-809-12/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Serta Properties Sdn Bhd; First Defendant / Management Corporation: Wisma Cosway Management Corporation; Second Defendant / Developer: Stephen Properties Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 December 2022
Case Number
WA-22NCvC-809-12/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Strata Management / Recovery of Maintenance Charges / Interlocutory: Order 14 Summary Judgment Application Allowed at High Court; Appeal Filed to Court of Appeal
Outcome
Application allowed. Summary judgment entered for First Defendant against Plaintiff for the counterclaim.
Legal Topics
Summary Judgment (order 14), Maintenance Charges, Undisputed Debt, Res Judicata/estoppel, Management Corporation Obligations
Source Language
Malay/English
Strata Management Civil Procedure Property Law Debt Recovery Summary Judgment (order 14) Maintenance Charges Undisputed Debt Res Judicata/estoppel +1 more

Case Brief

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Parties

Serta Properties Sdn Bhd

Plaintiff

Wisma Cosway Management Corporation

First Defendant / Management Corporation

Stephen Properties Sdn Bhd

Second Defendant / Developer

Procedural Posture

Civil Strata Management / Recovery of Maintenance Charges / Interlocutory: Order 14 Summary Judgment Application Allowed at High Court; Appeal Filed to Court of Appeal

Legal Issues

  1. 1 Whether summary judgment under Order 14 was appropriate for recovery of maintenance charges
  2. 2 Whether the plaintiff had any bona fide triable defence to the counterclaim
  3. 3 Whether charges were validly imposed and properly evidenced (AGM minutes, invoices)

Ratio Decidendi

Summary judgment was appropriate because the procedural prerequisites were satisfied, the Strata Management Act 2013 created a statutory/guaranteed undisputed debt for unpaid maintenance charges, the First Defendant produced prima facie evidence (AGM minutes, invoices, audited accounts) and prior judgments established the Plaintiff's liability such that no bona fide triable issues remained and res judicata/estoppel applied.

Court Disposition

Application allowed. Summary judgment entered for First Defendant against Plaintiff for the counterclaim.

Orders

  • Summary judgment entered for First Defendant against Plaintiff for RM225,677.38 as at 6.1.2021 for outstanding maintenance charges
  • Costs awarded to First Defendant in the sum of RM3,500.00