18 Jan 2024
MENARA INSPIRATION JOINT MANAGEMENT BODY ONE-INSPIRATION DEVELOPMENT SDN BHD PEMPETISYEN KUMPULAN SEPAKAT KONSULT
- Citation
- WA-28PW-167-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-28PW-167-04/2023 (Mahkamah Tinggi)
The court accepted the liquidator's position: the development order and approved building plans obligated surrender of the Food Court to MBPJ making MBPJ the beneficial owner and therefore liable for maintenance charges from the date of deemed surrender; and the JMB lacks locus under the SMA to claim surplus utility deposits on behalf of individual purchasers absent a mandate, so the liquidator correctly rejected the PODs. The Applicant's motion is dismissed with costs.