12 Mar 2020
1. ) PJ CENTRESTAGE JMB (Certificate of Establishment No.: 337) 2. ) PJ CENTRESTAGE JMB (Certificate of Establishment No.: 0337) 1. ) 1. CHERISH SPRINGS SDN. BHD. (Co. No.: 833739-K) 2. LEADMONT PROPERTIES SDN. BHD. (Co. No.: 1099213-U) 2.
- Citation
- BA-22C-30-05/2017 HEARD TOGETHER WITH BA-22C-49-10/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22C-30-05/2017 HEARD TOGETHER WITH BA-22C-49-10/2017 (Mahkamah Tinggi)
A JMB may institute and maintain litigation relating to the building and common property after the MC has been established but before the JMB is dissolved (i.e. until three months after the MC's first AGM); during that interim the JMB functions as a constructive trustee for the MC in respect of common property and may pursue suits to protect purchasers/parcel owners to avoid prejudice and limitation problems; upon the first AGM the MC must either join or take over the proceedings or the JMB must seek court leave to discontinue, and defendants may seek strike‑out only if steps are not taken an…