Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Dealing vs licence
  • 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…