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.