30 Jul 2024
Muhammad Andy Toh Bin Abdullah 1. ) Jejak Gaya Corporation Sdn. Bhd. 2. ) KELANA SENTRAL DEVELOPMENT SDN. BHD.
- Citation
- BA-22NCvC-13-01/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-13-01/2022 (Mahkamah Tinggi)
The court concluded plaintiffs failed to prove actionable misrepresentation or breach; Recital G and SPA/DoMC grant residents the right to use designated parking bays but do not vest ownership or immunity from charges in residents; the proprietor lawfully retains ownership and may impose reasonable charges under Clause 32(2) SPA and DoMC to cover maintenance; the imposition of RM100 per bay is lawful and not inconsistent with the contracts; plaintiffs' legitimate expectation was satisfied and there was no repudiation, therefore the claims are dismissed with costs.