Malaysia Case Law: Decisions & Judgments

Topic

Management corporation powers

Legal area

Court

2 Jul 2025

PERBADANAN PENGURUSAN PD I SCP ASSETS SDN. BHD.

Citation

B-02(NCvC)(W)-2002-11/2023 (Mahkamah Rayuan)
Court

NCvC
Case number

B-02(NCvC)(W)-2002-11/2023 (Mahkamah Rayuan)

The Court affirmed the High Court: Private Motion No.1 was premature and unlawful because it sought to remedy alleged inequitable share unit allocation without first challenging the Director of Lands and Mines' allocation by judicial review; s.60(3) permits different rates only where parcels are used for significantly different purposes and the Appellant failed to justify the different rates with credible, non-arbitrary evidence, therefore the High Court's declarations and injunctions stand.
20 Jan 2023

1. ) KWONG HING ENTERPRISES SDN BHD 2. ) SYMPHONY HARMONY SDN BHD DIAMOND C MANAGEMENT CORPORATION

Citation

WA-22NCvC-562-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-562-10/2022 (Mahkamah Tinggi)

On a prima facie assessment the plaintiffs established a proprietary right of access and a real risk of irreparable harm from continued closure; the defendant failed to show special circumstances or lawful authority to deprive access. Therefore an ad interim injunction to keep the roller shutters open 24/7 pending inter partes hearing was justified to preserve the status quo.
20 Jan 2023

1. ) KWONG HING ENTERPRISES SDN BHD 2. ) SYMPHONY HARMONY SDN BHD DIAMOND C MANAGEMENT CORPORATION

Citation

WA-22NCvC-562-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-562-10/2022 (Mahkamah Tinggi)

Interim injunctions were justified because the plaintiffs established a bona fide serious issue that the Defendant's closure of the sole vehicle entrance unlawfully interfered with the proprietor's exclusive rights under the National Land Code and STA; damages would be inadequate; balance of convenience favoured preserving access pending trial; therefore the roller shutters must be kept open 24/7 and the Defendant restrained from taking steps that would affect plaintiffs' use pending trial.
1 Oct 2021

Perbadanan Pengurusan Solaris Dutamas 1. ) SURUHANJAYA TENAGA MALAYSIA 2. ) GAS MALAYSIA BERHAD

Citation

W-01(NCvC)(A)-480-09/2020 (Mahkamah Rayuan)
Court

NCvC
Case number

W-01(NCvC)(A)-480-09/2020 (Mahkamah Rayuan)

The Court held that the Management Corporation’s duties and powers are confined by the SMA 2013 and do not include assuming the role of a retail licensee or supplying/maintaining natural gas to individual unit owners or levying consumption-based charges; consequently notices or orders requiring the MC to do so are ultra vires the SMA. The High Court's contrary interpretation of S.59(1)(e) was erroneous and merit appellate correction.
17 Sept 2021

YII SING CHIU 1. AIKBEE TIMBERS SDN BHD 2. SIT SENG & SONS REALTY SDN BHD 3. PEARL SURIA MANAGEMENT CORPORATION

Citation

WA-24NCvC-2452-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-2452-12/2020 (Mahkamah Tinggi)

Plaintiff's originating summons was struck out because the Court held the statutory remedies to the Commissioner were permissive (saying 'may') and did not oust Court jurisdiction, and on the merits the developer and the management corporation had statutory and contractual authority to demarcate units and impose different charges; the plaintiff was bound by her contract and had no cause of action, rendering the claim frivolous, vexatious and an abuse of process.
19 Feb 2021

SCP Assets Sdn Bhd Perbadanan Pengurusan PD2

Citation

BA-22NCVC-617-10/2017 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-617-10/2017 (Mahkamah Tinggi)

Court held: (1) Developer had capacity in August 2006 to grant lease over part of common property; (2) that 2006 lease is not invalidated by subsequent statutory changes and remains valid; (3) management corporation must impose service charges and sinking fund contributions in proportion to share units; (4) management corporation may not impose different rates on different parcel owners for the same type of use; and (5) the question of criteria for computing different rates for different uses is academic and irrelevant on the undisputed facts of this project.
22 Dec 2019

TEY KIM SENG PERBADANAN PENGURUSAN OCTIVILLE CONDOMINIUM

Citation

JA-11BNCVC-7-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-11BNCVC-7-05/2019 (Mahkamah Tinggi)

The High Court held that water bills paid by the management corporation constitute amounts lawfully incurred under the Strata Management Act 2013 and are recoverable from proprietors; Form 20 is the prescribed valid notice and the appellant's failure to challenge it at trial amounted to acceptance; limitation did not bar ongoing maintenance and utility charges; accordingly the Magistrate’s judgment awarding RM40,959.66 with 10% p.a. interest and costs was affirmed.
JOHN DENIS DE SILVA V. CRESCENT COURT MANAGEMENT CORPORATION

Citation

JOHN DENIS DE SILVA V. CRESCENT COURT MANAGEMENT CORPORATION
Court

Malaysian court

Preliminary objection dismissed because delay in service was caused by court delays and RHC provisions require regard to justice; defendant acted ultra vires the Strata Titles Act by denying entry and clamping water without following statutory recovery procedures; plaintiff holds proprietary interest in parking bay and indefeasible title; balance of convenience and potential harm favor plaintiff; therefore interlocutory injunction continued in terms of the ex parte order pending inter partes hearing.