Malaysia Case Law: Decisions & Judgments

Topic

Management corporation duties

Legal area

Court

23 Jun 2025

CHEAH TING FENG PERBADANAN PENGURUSAN BANYAN TREE SIGNATURES PAVILION KUALA LUMPUR

Citation

WA-22NCvC-693-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-693-11/2024 (Mahkamah Tinggi)

Although there is a serious issue to be tried on the validity of the Additional By-Law, the Plaintiff failed to show damages would be inadequate, the balance of convenience favours the Defendant performing its statutory duties, no mala fides or illegality was established, and the legal status quo is the continued enforcement of the duly registered by-law; accordingly the ad interim injunction was dismissed with costs.
14 Aug 2024

ATTANA SCOTTS PROPERTIES (KL) SDN BHD KIRANA MANAGEMENT CORPORATION

Citation

WA-22NCvC-449-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-449-08/2020 (Mahkamah Tinggi)

Plaintiff failed to hand over Menara A to the Defendant in breach of Section 55 SMA 2013; no admissible evidence supported the alleged Mutual Agreement and, in any event, parties cannot contract out of mandatory provisions of the SMA 2013; Plaintiff had no lawful authority to collect or retain maintenance and sinking fund monies (including penthouse collections) and could not establish that the RM41,963,826.94 claimed expenses were properly incurred or approved by the MC or related to common property rather than Plaintiff's serviced residence business; Plaintiff is in default for unpaid statu…
29 Aug 2022

WA-22NCVC-399-07/2018 (Mahkamah Tinggi)

Citation

WA-22NCVC-399-07/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-399-07/2018 (Mahkamah Tinggi)

Plaintiff failed to prove on balance of probabilities that defendants denied access, disputed ownership or caused the sale to fail; plaintiff did not call key witnesses nor provide cogent documentary evidence and adverse inferences applied; defendants proved the running account of outstanding maintenance fees which was not statute-barred; accordingly plaintiff's claim dismissed and defendants' counterclaim allowed with costs.
18 Aug 2022

PERBADANAN PENGURUSAN GREENTOWN SQUARE INSTITUT TEKNOLOGI PERAK SDN BHD

Citation

AA-A52NCvC-10-02/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52NCvC-10-02/2022 (Mahkamah Sesyen)

Plaintiff satisfied the procedural and evidential requirements for summary judgment; defendant failed to demonstrate credible triable issues because alleged complaints were not evidenced in writing and the omission to annex the complete house rules did not vitiate the application; accordingly summary judgment (Enclosure 7) was allowed with costs RM3,000.
27 Aug 2020

PERBADANAN PENGURUSAN SOLARIS DUTAMAS 1. ) ENERGY COMMISSION OF MALAYSIA 2. ) GAS MALAYSIA BERHAD

Citation

WA-24NCVC-2395-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCVC-2395-11/2019 (Mahkamah Tinggi)

The Gas Supply Act 1993 amendments are not ultra vires the Strata Management Act 2013; the management corporation is obliged to comply with competent authority notices and either obtain the required retail licence or appoint competent third parties to perform gas supply obligations, therefore the plaintiff's originating summons fails.

Malaysia Case Law

CHEAH TING FENG PERBADANAN PENGURUSAN BANYAN TREE SIGNATURES PAVILION KUALA LUMPUR

ATTANA SCOTTS PROPERTIES (KL) SDN BHD KIRANA MANAGEMENT CORPORATION

WA-22NCVC-399-07/2018 (Mahkamah Tinggi)

PERBADANAN PENGURUSAN GREENTOWN SQUARE INSTITUT TEKNOLOGI PERAK SDN BHD

PERBADANAN PENGURUSAN SOLARIS DUTAMAS 1. ) ENERGY COMMISSION OF MALAYSIA 2. ) GAS MALAYSIA BERHAD