Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

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  • 5 Jul 2024

    HO PHOY KWANG

    Citation
    BA-24NCvC-574-04/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-24NCvC-574-04/2021 (Mahkamah Tinggi)

    Under the plain wording of s.60(3)(b) SMA the management corporation may either impose charges in proportion to share units or determine different rates for parcels used for significantly different purposes; the Court, bound by Pearl Suria (Court of Appeal), found the management corporation had established that components used significantly different facilities and thus lawfully determined different rates; plaintiffs failed to rebut evidential affidavits and failed to exhaust statutory remedies, so the originating summons was dismissed.