16 Jan 2024
HELEN LEE ENCORP STRAND GARDEN OFFICE JMB
- Citation
- BA-12A-37-08/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12A-37-08/2023 (Mahkamah Tinggi)
Summary judgment was properly entered because the appellant's counterclaim did not give rise to a triable issue and the Limitation Act s6(1)(d) did not bar the Respondent's claim in light of s105(2) of the Strata Management Act 2013 as interpreted in relevant authorities; the stay application was correctly refused because the appellant had alternative remedies against the developer, no special/rare circumstances were shown to justify a stay, and the delay was explained but did not warrant granting the stay. Interest was adjusted to 5% per annum and compounded interest recalculated accordingly.