Malaysia Case Law: Decisions & Judgments

Topic

Accessory parcel

Legal area

Court

25 Mar 2025

CEMPAKA MEWAH SDN BHD (In Creditors' Voluntary Liquidation) (Liquidator appointed on 17.4.2003) c/o KPMG CORPORATE RESTRUCTURING PLT PENGARAH UKUR DAN PEMETAAN NEGERI SEMBILAN DARUL KHUSUS

Citation

N-01(NCvC)(A)-460-06/2022 (Mahkamah Rayuan)
Court

NCvC
Case number

N-01(NCvC)(A)-460-06/2022 (Mahkamah Rayuan)

The Court held the dispute was predominantly private law concerning the construction of the S&P and the status of car park rights; on construction the S&P (Schedule H as at 16.8.1996) did not designate the car parks as accessory parcels and the Fifth Schedule rights conferred only a right to use a designated parking lot, not entitlement to an accessory parcel; therefore the Respondent's insistence that the CPS/8A show accessory parcels and legends was misconceived and the Appellant's proposed strata plan and certified As‑Built Plans were valid for the 8A application; High Court decision dismi…
4 Oct 2024

TARGET TERM SDN. BHD. WALDORF AND WINDSOR MANAGEMENT CORPORATION

Citation

W-02(NCvC)(W)-1890-10/2021 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-1890-10/2021 (Mahkamah Rayuan)

The Court held that operating a commercial carpark business by licensing parking bays to customers constitutes licences, not tenancies, and thus does not amount to a prohibited 'dealing' under ss 34(2) and 69 STA 1985; accessory parcels that are expressly shown as such on a certified strata plan remain parcel property and do not convert into common property merely because not used in conjunction with the principal parcel; consequently the SPA was not illegal or void. Target Term is liable for back maintenance charges: for pre-1 June 2015 period at RM0.31/ft2 plus RM25 per carpark as developer…
16 Nov 2023

PERBADANAN PENGURUSAN 3 TWO SQUARE 3 TWO SQUARE SDN BHD

Citation

22NCVC-510-07/2013 (Mahkamah Tinggi)
Court

High Court
Case number

22NCVC-510-07/2013 (Mahkamah Tinggi)

Plaintiff failed to prove on the balance of probabilities that Defendant 'took ownership' of third-party parcels or contravened ss 4, 34(2) and 69 STA; the car parks remained property of the developer who subdivided its own land and evidence established the carpark business was run in conjunction with the Penthouse; claims to impugn the subdivision and reclassify ownership exceeded the Federal Court remit and required public law proceedings against the decision-makers; consequently Plaintiff's amended claim was dismissed and Defendant's counter-claim allowed with costs.
21 Oct 2021

TARGET TERM SDN. BHD. (COMPANY NO. 838284-P) 1. WALDORF AND WINDSOR MANAGEMENT CORPORATION (REGISTRATION NO. 474/2009) PENCELAH MALAYSIAN LAND PROPERTIES SDN. BHD. (COMPANY NO. 334713-X)

Citation

WA-22NCVC-298-06/2017 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-298-06/2017 (Mahkamah Tinggi)

Court held SPA and the transfer of 414 car parks unlawful and unenforceable because the car parks were used and intended to be used independently of the principal parcel, contravening Sections 4, 34(2) and 69 of the Strata Title Act; the Intervener and Plaintiff failed to prove bona fide purchaser status and valuable consideration under Section 340 NLC and had misrepresented facts to authorities, rendering the titles defeasible; estoppel could not bar statutory enforcement; accordingly plaintiff's claim dismissed and defendant's counterclaim allowed.

Malaysia Case Law

CEMPAKA MEWAH SDN BHD (In Creditors' Voluntary Liquidation) (Liquidator appointed on 17.4.2003) c/o KPMG CORPORATE RESTRUCTURING PLT PENGARAH UKUR DAN PEMETAAN NEGERI SEMBILAN DARUL KHUSUS

TARGET TERM SDN. BHD. WALDORF AND WINDSOR MANAGEMENT CORPORATION

PERBADANAN PENGURUSAN 3 TWO SQUARE 3 TWO SQUARE SDN BHD

TARGET TERM SDN. BHD. (COMPANY NO. 838284-P) 1. WALDORF AND WINDSOR MANAGEMENT CORPORATION (REGISTRATION NO. 474/2009) PENCELAH MALAYSIAN LAND PROPERTIES SDN. BHD. (COMPANY NO. 334713-X)