3 Jul 2025
ASM Development Sdn Bhd Badan Pengurusan Bersama Lingkaran Maju
- Citation
- WA-24NCvC-528-02/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCvC-528-02/2025 (Mahkamah Tinggi)
Dismissal: Applicant, as developer and active participant in the JMB and First AGM, was party to and accepted the AGM minutes fixing MCSF which, when read with the SPA and DMC, validly set the rates; Tribunal is proper forum for some reliefs but applicant sought broader reliefs beyond Tribunal powers; failure to issue Form 5A did not invalidate the resolution in the factual context; the Applicant delayed seven years and is guilty of laches and filed the suit as a tactical delay to stall winding up proceedings; accordingly the Originating Summons is dismissed with costs.