12 Oct 2023
1. ) Gregory Seow 2. ) Joanne Lee Saw Eng 1. ) KKHills Management Sdn Bhd 2. ) Teh bin Khuan 3. ) Lim Kian Chong 4. ) Hicom-Gamuda Development (Sdn Bhd)
- Citation
- BA-24NCvC-436-03/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24NCvC-436-03/2023 (Mahkamah Tinggi)
The Master Assignment by the Developer to the Residents' Association was valid and binding under the conditional benefit principle (Davies tripartite test satisfied) because the DMC and SPA formed the same transaction linking benefit and burden and purchasers had opportunity to reject the conditional benefit; however the RA's purported assignment to KKHills Management Sdn Bhd was invalid because that company, given its limited shareholding and directorship, was not the type of collective corporate entity contemplated by the DMC and the AGM resolutions effecting that assignment were null and v…