11 Nov 2024
Ideal City Development Sdn. Bhd. 1. ) Tribunal Pengurusan Strata Putrajaya, Wilayah Persekutuan 2. ) Chimes AG Sdn. Bhd.
- Citation
- W-01(A)-2-01/2023 (Mahkamah Rayuan)
- Court
- A
- Case number
- W-01(A)-2-01/2023 (Mahkamah Rayuan)
The Court allowed the appeal and quashed the Tribunal's award because the Tribunal lacked jurisdiction to order a developer to supply bank statements, approved plans and other records directly to an individual parcel owner after the JMB had been formed; section 15 of the SMA 2013 vests custody and handover obligations in the JMB (and subsequently the MC) and paragraph 12 of the Fourth Schedule must be read to compel production to the JMB in accordance with the Act, not to individual owners; the award was therefore ultra vires.