Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

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  • 27 Feb 2024

    SIME DARBY BRUNSFIELD DAMANSARA SDN. BHD. OASIS CORPORATE PARK JMB

    Citation
    BA-24NCvC-1335-08/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-24NCvC-1335-08/2022 (Mahkamah Tinggi)

    The JMB impermissibly levied charges and sinking fund contributions on a per square foot basis in breach of Act 757; under sections 21 and 25 the JMB must determine rates in proportion to allocated share units, prepare and lay an annual budget, and ensure votes are determined only on lawful charges — therefore the declarations and orders sought by the plaintiff are granted and the defendant liable for costs.

  • 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.