Malaysia Case Law: Decisions & Judgments

Topic

Strata management

Legal area

Court

9 Dec 2025

1. ) ONG PHAIK KOOI 2. ) JOANN WEN LAW 1. ) TRIBUNAL PERUMAHAN DAN PENGURUSAN STRATA 2. ) AMBER COURT MANAGEMENT CORPORATION

Citation

WA-25-219-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-219-08/2023 (Mahkamah Tinggi)

The Tribunal's awards stand because under the Strata Management Act 2013 the management corporation was authorized to incur and recover the miscellaneous expenditures (insurance, quit rent, sanitary works) through the maintenance account, the charges were evidenced and approved pursuant to general meetings and applied on share unit basis, the earlier Suit 209 concerned different subject matter (water charges) and did not render the Tribunal claims duplicative, and late payment interest was lawfully imposed; accordingly no ground for judicial review (illegality or irrationality) was made out a…
24 Sept 2025

SCP Assets Sdn Bhd 1. ) Ang Kim Jhew 2. ) Len Min Sin 3. ) Vinod Kumar Sharma 4. ) Mathew Thomas A/L Vargis Mathews 5. ) Tan Gay Beng 6. ) Tan Chin Tong 7. ) Ng Kok Chong 8. ) Edward Tan Tiong King 9. ) Iris Tan Kok Foong 10. ) Jordan Ang J

Citation

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

High Court
Case number

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

Ordinary Resolution No.4 was ultra vires the SMA because the Defendant failed to plead or prove that parcels were used for significantly different purposes as required by s.60(3)(b); PD2 is a commercial development with common facilities accessible to all proprietors so no separate expense pools justified different rates; using differing charges to correct alleged inequitable share unit allocation is an impermissible collateral attack on the land office’s allocation and must be challenged by judicial review; therefore the multiple rates imposed were unlawful.
9 Jan 2024

1. ) Lee Ah Hon 2. ) Phua Ah Gek 3. ) Lim Hooi Kim 4. ) Cheo Kam Wah 5. ) Leong Chui Fong 6. ) Tang Tiang Seong 7. ) Lee Chiew Teik 8. ) Goh Kiang Hwa 9. ) Wilda Kua Hui Ling 10. ) Telephone & Electrical Trading Sdn Bhd 11. ) Chow Kai Chong

Citation

WA-24NCvC-3204-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-3204-07/2023 (Mahkamah Tinggi)

The issues were previously finally decided in favour of the JMB (res judicata); the JMB/MC were validly established and entitled to collect maintenance charges from 26-04-2012 onwards under the Strata Management Act 2013; issuance date of individual strata titles is irrelevant to the developer's obligation; therefore the developer cannot withhold execution of Form 14A transfers on the basis of alleged unpaid maintenance and must sign and hand over transfer instruments as ordered by the Court.
6 Sept 2023

1. ) AFFAN BIN MOHD NAWI 2. ) AHMAD ASRAF BIN ISHAK 3. ) CHAI KWAI YONG 4. ) CHAU KAH YEE 5. ) CHUA KENG HEE 6. ) DING MING DAK 7. ) DING PE FONG 8. ) FANG PEI LING 9. ) GOH CHUN GUAN 10. ) HASIAH BINTI ZAINAL@ZAINAL ABIDIN 11. ) HAYUSNITA

Citation

WA-22NCvC-212-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-212-04/2022 (Mahkamah Tinggi)

The court held that SPAs governed by the HDA must be interpreted to maximise buyer protection; the Preamble and First Schedule plans (read with clause 34) formed contractual obligations binding D1/D2 to develop the Master Land as a residential development of 110 units and not to carve out commercial development; D3 was held to have made representations and was bound by them through holding-out and branding; the plaintiffs validly sued by writ (private law claims) and reliance on promotional materials was established (disclaimers ineffective as unreadable). However, specific performance to com…
23 Aug 2023

PERBADANAN PENGURUSAN PUTRAWALK PELANGI HOMES SDN BHD

Citation

BA-22NCvC-8-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-8-01/2022 (Mahkamah Tinggi)

On the balance of probabilities the Court held that the Defendant, as registered proprietor at the date of acquisition, was rightly awarded the market value component (RM1,899,000) by the Land Administrator; however documentary evidence (forms and a 21-6-2017 letter) showed the RM500,000 award for 'pembaikan tanah' (land improvement, including demolition of the Putra Walk arch) belonged to the Management Corporation and therefore the Defendant must pay RM500,000 to the Plaintiff; allegations of fraud and unconscionable conduct were not proved and Plaintiff failed to establish entitlement to t…
11 Feb 2021

JMB KELANA SQUARE 1. PERANTARA PROPERTIES SDN BHD 2. PRASARANA MALAYSIA BERHAD 3. PENGARAH TANAH DAN GALIAN SELANGOR

Citation

BA-22NCVC-513-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-513-11/2019 (Mahkamah Tinggi)

The striking out application was dismissed because the pleadings and affidavit evidence disclose real and contested issues of fact—principally whether the acquired land comprised common property or accessory car park parcels and whether compensation should be held on trust—that are not plainly unsustainable and require resolution at trial; absence at the Land Administrator inquiry does not preclude an equitable claim against the recipient of compensation.
3 Sept 2020

PALAZZO EMPIRE SDN BHD TIOW WENG THEONG RAVANDIRAN A/L RAMAN KUTTY CHONG WENG HONG THE 19 USJ CITY MALL AND RHYTHM AVENUE JMB

Citation

BA-22NCVC-28-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-28-01/2020 (Mahkamah Tinggi)

At the material date of commencement (22 January 2020) the Plaintiff had no locus standi: he was neither recorded in the Register of Parcel Owners nor produced a sale and purchase agreement evidencing purchaser status; documents produced after commencement (letter 14.02.2020 and strata titles 17.03.2020) cannot cure lack of standing at commencement; the claim therefore was premature/obviously unsustainable as to the JMB management substratum and the suit was struck out under O.18 r.19 with interim reliefs set aside and costs awarded.
28 Jan 2019

B-02(NCVC)(W)-416-02/2018 (Mahkamah Rayuan)

Citation

B-02(NCVC)(W)-416-02/2018 (Mahkamah Rayuan)
Court

NCVC
Case number

B-02(NCVC)(W)-416-02/2018 (Mahkamah Rayuan)

The Court allowed the appeal, set aside the High Court’s declaratory orders and dismissed the Respondent’s action because declaratory relief was inappropriate where adequate contractual remedies existed, the Respondent had taken inconsistent positions (accepted strata titles and benefited from services yet sought declarations of individual title), and the 2nd Appellant is empowered under the Strata Management Act 2013 to impose and collect maintenance charges; limitation/laches did not bar the claim because the Respondent only obtained definitive knowledge in 2015, but declaratory relief was…