Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Validity of lease over common property
  • 27 May 2021

    Perbadanan Pengurusan PD2 SCP Assets

    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 power in 2006 to grant lease over part of common property and that the lease remains valid despite subsequent legislative changes; (2) management corporation must levy service charges and sinking fund in proportion to allocated share units and may not impose different rates among owners for the same type of use; (3) Proposed Resolution No.4 and similar motions and the Impugned Invoices were inconsistent with SMA/STA and the prior Court Order and therefore unlawful; (4) Defendant's counterclaims based on invalidity of lease and related reliefs dismissed; (5) Plaint…