5 Jul 2022
SIME DARBY PROPERTY (BUKIT RAJA) SDN. BHD. 1. ) TRIBUNAL PENGURUSAN STRATA 2. ) WONG CHAN KEONG 3. ) TAN BEE BEE
- Citation
- BA-25-28-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-25-28-03/2020 (Mahkamah Tinggi)
Although the car park was constructed in accordance with the approved building plan and a CCC was issued, the Tribunal properly found CP259 was inaccessible and therefore not fit for purpose when CP258 was occupied; this defect in fitness for purpose justified the Tribunal's order to adjust the bay, and there was no jurisdictional error, perversity or procedural impropriety warranting certiorari; the judicial review application is dismissed.