Malaysia Case Law

24 Mar 2021

Perbadanan Pengurusan Ara Ampang Pentadbir Tanah Daerah Hulu Langat

Citation

BA-15-210-10/2019 (Mahkamah Tinggi)

Court

High Court

Case number

BA-15-210-10/2019 (Mahkamah Tinggi)

After compensating parcel owners, the acquisition authority must still pay reasonable compensation to the management corporation for the acquired common property where appropriate; valuation of such compensation is governed by the Land Acquisition Act First Schedule (including 1(2C)); on the facts the court awarded RM685,040 for loss of income and potential income from parking bays and ordered 5% per annum interest from the date of Borang K.

• Compulsory acquisition
• Compensation
• Common property
• Management corporation
• Valuation methods
• Market value

PLAZA PEKELILING MANAGEMENT CORPORATION V. IGB CORPORATION BERHAD & ANOR

Citation

PLAZA PEKELILING MANAGEMENT CORPORATION V. IGB CORPORATION BERHAD & ANOR

Court

Malaysian court

The originating summons in enclosure one is barred by res judicata and is an abuse of the court's process because the plaintiff and defendants are the same parties, the subject matter overlaps with the earlier decided originating summons, the plaintiff knew of the sale and had the documents to raise the issue earlier, and the items in dispute are recorded as separate parcel titles rather than common property; appeals dismissed with costs.

• Res judicata
• Declaratory relief
• Common property
• Management corporation
• Abuse of process

EMKO PROPERTIES SDN. BHD. V. LEE CHOONG KHENG

Citation

EMKO PROPERTIES SDN. BHD. V. LEE CHOONG KHENG

Court

Malaysian court

Emko failed to prove entitlement to charge a flat RM60 per month because clauses 14 and 22 required evidence of total maintenance costs and an apportionment by a licensed surveyor; Emko produced no adequate quantification or proper apportionment and thus its claim for RM60 per month up to the originating summons filing date (6 December 1990) fails and must be dismissed.

• Service charge
• Maintenance upkeep
• Sale and purchase agreement interpretation
• Misrepresentation
• Mandamus
• Management corporation