Malaysia Case Law: Decisions & Judgments

Topic

Common property

Legal area

Court

3 Feb 2026

BADAN PENGURUSAN BERSAMA GURNEY PARAGON RESIDENTIAL 1. ) HUNZA PROPERTIES (GURNEY) SDN BHD 2. ) HUNZA PROPERTIES (PENANG) SDN BHD 3. ) BEACHFRONT SERVICES SDN BHD

Citation

P-02(NCvC)(W)-1305-07/2024 (Mahkamah Rayuan)
Court

NCvC
Case number

P-02(NCvC)(W)-1305-07/2024 (Mahkamah Rayuan)

The Court held that during the JMB management period the statutory scheme contemplates a single Joint Management Body administering the entire development area's common property with one maintenance account and one sinking fund; the 1st AGM resolutions purporting to establish separate management and accounts for the commercial component were ultra vires and void; the COB decision could not validate those ultra vires resolutions; the respondents must surrender management of the commercial common property and deliver enumerated documents; the JMB must convene a general meeting of all parcel own…
27 Nov 2025

CHEW WAI HOE PERBADANAN PENGURUSAN MESRA TERRACE

Citation

WA-B52NCvC-314-07/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCvC-314-07/2025 (Mahkamah Sesyen)

Plaintiff failed to particularise any specific confidential information or demonstrate a real risk to the administration of justice; allegations were speculative and premature; therefore disqualification could not be ordered and the application was dismissed with costs.
13 Aug 2025

Mentari Business Park JMB mentari properties sdn bhd

Citation

BA-22NCVC-354-06/2016 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-354-06/2016 (Mahkamah Tinggi)

The court accepted allocation of 15.7% of combined TNB billings to the car parks and relied on the actual aggregate TNB bills (RM2,231,746.38) as the best evidence to assess damages, resulting in assessed damages of RM350,384.18; the Limitation Act defence was not applied because it had not been pleaded on liability.
18 Jul 2025

BADAN PENGURUSAN BERSAMA GURNEY PARAGON RESIDENTIAL 1. ) HUNZA PROPERTIES (GURNEY) SDN BHD 2. ) HUNZA PROPERTIES (PENANG) SDN BHD 3. ) BEACHFRONT SERVICES SDN BHD

Citation

P-01(IM)(NCvC)-632-10/2024 (Mahkamah Rayuan)
Court

IM
Case number

P-01(IM)(NCvC)-632-10/2024 (Mahkamah Rayuan)

There was nothing in the High Court judgment that constituted a positive obligation or executable order against the plaintiff to justify a stay of execution; absent a term capable of enforcement there was nothing to stay. The High Court did not err in concluding no special circumstances existed to grant a stay; the Court of Appeal will not disturb that exercise of discretion and therefore dismissed the appeal and refused the stay.
13 May 2025

CASA VENICIA JOINT MANAGEMENT BODY 1. ) IDEAL HEIGHTS PROPERTIES SDN BHD 2. ) Pentadbir Tanah Daerah Gombak

Citation

BA-22NCvC-81-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-81-02/2022 (Mahkamah Tinggi)

The joint management body had standing under s.143(2) to bring representative proceedings; the contractual SPAs and Supplementary Agreement excluded the Clubhouse from common property so the Clubhouse title validly remained with the Developer and the Plaintiff failed to prove fraud vitiating registration at the land office; however, due to delay in formation of the management corporation the Court ordered that the Plaintiff be reflected as registered proprietor of all subdivided titles other than the Clubhouse until the management corporation is formed and granted an injunction based on equit…
13 May 2025

SERAI SAUJANA MANAGEMENT CORPORATION 1. ) SERAI SAUJANA DEVELOPMENT SDN BHD 2. ) MANAGEMENT CORPORATION OF THE VILLA @ SERAI SAUJANA 3. ) TENAGA NASIONAL BERHAD

Citation

BA-12B-65-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-65-06/2024 (Mahkamah Tinggi)

On the facts the Court inferred an agreement to lease between the Developer and TNB (partly in writing and by conduct) giving rise to an equitable lease over the sub-station land; under binding authority the Management Corporation is the successor-in-title to the Developer and is bound by that agreement, hence TNB was not a trespasser and the Sessions Court dismissal is affirmed.
16 Dec 2024

SELUAM A/L PONNUSAMI VIANASAUJANA SDN. BHD.

Citation

WA-B52NCvC-64-02/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCvC-64-02/2024 (Mahkamah Sesyen)

On balance of probabilities the court found the matters pleaded in paragraphs 33–37 relate to common property issues for which only the JMB/MC has locus standi under the Strata Management Act 2013; consequently those paragraphs disclose no reasonable cause of action by the individual Plaintiff and are properly struck out under Order 18 r.19(1)(b),(c) and/or (d).
12 Dec 2024

JMB Kelana Square 1. ) Perantara Properties Sdn Bhd 2. ) Prasarana Malaysia Sdn Bhd 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)

On the evidence (expert surveyor and contemporaneous minutes) 1,121 sqm of the acquired 2,284.582 sqm was common property; Defendant received compensation covering that area and therefore holds RM6,053,400.00 as constructive trustee for the Plaintiff; Plaintiff entitled to that sum with 5% interest from 13.11.2019 and costs RM30,000; exemplary damages denied.
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…
17 Apr 2024

MERU VALLEY RESORT BERHAD PERBADANAN PENGURUSAN GOLF VISTA APARTMENT

Citation

AA-12B-46-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-12B-46-12/2023 (Mahkamah Tinggi)

The High Court allowed the appeal, holding that the appellant had locus standi because the developer had acknowledged and paid for appellant’s services creating contractual obligations which bind the respondent as successor in title; therefore the respondent is contractually obliged to collect maintenance charges from parcel proprietors and the appellant may claim payment; assessment of liability and quantum must be determined at a full trial.