Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Validity of pre-existing leases
  • 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.