PERBADANAN PENGURUSAN PANGSAPURI SRI IXORA SAMA PESONA SDN BHD

PERBADANAN PENGURUSAN PANGSAPURI SRI IXORA SAMA PESONA SDN BHD

The appeal was allowed because the Sessions Judge misapprehended the facts by conflating the JMB with the Management Corporation and treated two letters as conclusive proof of full statutory handover; the letters showed only limited handover to the JMB and did not satisfy the developer's broader statutory obligations under s55, material triable issues of law and fact (including applicable statute, limitation and developer's duties) existed and therefore the claim was not obviously unsustainable and should proceed to trial.

Citation
WA-12ANCVC-149-06/2019 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Perbadanan Pengurusan Pangsapuri Sri Ixora; Respondent/defendant: Sama Pesona Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 January 2020
Case Number
WA-12ANCVC-149-06/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal From Sessions Court (striking Out Application)
Outcome
Appeal allowed; Sessions Court striking out order set aside; claim reinstated
Legal Topics
Striking Out Under Order 18 Rule 19, Statutory Duty to Hand Over Records (s55), Standing of Management Corporation Vs JMB, Limitation/when Cause of Action Accrues
Source Language
Malay/English
Strata Management Civil Procedure Property Law Striking Out Under Order 18 Rule 19 Statutory Duty to Hand Over Records (s55) Standing of Management Corporation Vs JMB Limitation/when Cause of Action Accrues

Case Brief

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Parties

Perbadanan Pengurusan Pangsapuri Sri Ixora

Appellant/plaintiff

Sama Pesona Sdn Bhd

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Sessions Court (striking Out Application)

Legal Issues

  1. 1 Whether the Statement of Claim disclosed a reasonable cause of action under Order 18 r.19(1)(a)
  2. 2 Whether the pleadings were scandalous, frivolous or vexatious under O.18 r.19(1)(b)
  3. 3 Whether the proceedings were an abuse of process under O.18 r.19(1)(d)

Ratio Decidendi

The appeal was allowed because the Sessions Judge misapprehended the facts by conflating the JMB with the Management Corporation and treated two letters as conclusive proof of full statutory handover; the letters showed only limited handover to the JMB and did not satisfy the developer's broader statutory obligations under s55, material triable issues of law and fact (including applicable statute, limitation and developer's duties) existed and therefore the claim was not obviously unsustainable and should proceed to trial.

Court Disposition

Appeal allowed; Sessions Court striking out order set aside; claim reinstated

Orders

  • Appeal allowed
  • Striking out order of the Sessions Court set aside