Malaysia Case Law: Decisions & Judgments

Topic

Successor in title

Legal area

Court

13 May 2025

SERAI SAUJANA MANAGEMENT CORPORATION 1. ) SERAI SAUJANA DEVELOPMENT SDN BHD 2. ) MANAGEMENT CORPORATION OF THE VILLA @ SERAI SAUJANA 3. ) TENAGA NASIONAL BERHAD

Citation

BA-12B-65-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-65-06/2024 (Mahkamah Tinggi)

On the facts the Court inferred an agreement to lease between the Developer and TNB (partly in writing and by conduct) giving rise to an equitable lease over the sub-station land; under binding authority the Management Corporation is the successor-in-title to the Developer and is bound by that agreement, hence TNB was not a trespasser and the Sessions Court dismissal is affirmed.
13 May 2025

TENAGA NASIONAL BERHAD 1. ) Serai Saujana Development Sdn Bhd 2. ) SAUJANA RESORT (M) BERHAD

Citation

BA-12B-75-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-75-07/2024 (Mahkamah Tinggi)

An agreement to lease (equitable lease) over the disputed sub-station land existed between the developer and TNB by agreement and conduct; under binding authority the management corporation succeeds the developer in relation to common property obligations and is bound by that equitable lease, therefore TNB was not a trespasser and the Sessions Court judgment dismissing the trespass claim is affirmed.
11 Apr 2025

SIOW HON PENG 1. ) PERMODALAN NEGERI SELANGOR BERHAD 2. ) Menteri Besar Selangor (Pemerbadanan)

Citation

BA-12ANCvC-49-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCvC-49-10/2024 (Mahkamah Tinggi)

Appeal dismissed because the defendants are not successors in title or assignees of the original parties to the SPA, compulsory land acquisition extinguished any proprietary in rem interest leaving only in personam remedies against the original parties, the Sessions Court jurisdiction issue was waived by the parties' conduct, and the pleaded case did not establish basis to impose a constructive trust on the defendants.
17 Apr 2024

MERU VALLEY RESORT BERHAD PERBADANAN PENGURUSAN GOLF VISTA APARTMENT

Citation

AA-12B-46-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-12B-46-12/2023 (Mahkamah Tinggi)

The High Court allowed the appeal, holding that the appellant had locus standi because the developer had acknowledged and paid for appellant’s services creating contractual obligations which bind the respondent as successor in title; therefore the respondent is contractually obliged to collect maintenance charges from parcel proprietors and the appellant may claim payment; assessment of liability and quantum must be determined at a full trial.
25 Jun 2023

NUSAJAYA LAND SDN. BHD. MILLION IMPACT SDN. BHD.

Citation

JA-A52NCvC-59-03/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCvC-59-03/2020 (Mahkamah Sesyen)

Plaintiff established a prima facie case based on clear, binding sale and purchase agreements containing successor‑bound clauses obliging payment of management/maintenance charges; defendant's affidavit contained only bare denials unsupported by evidence and thus failed to raise a triable issue, warranting summary judgment for plaintiff.
18 May 2022

PEMPETISYEN M Rubini and Kumara Guru Naikar for the Petitioner [Messrs Christopher Lee & Ong] S Murali for the Respondent [Messrs Murali Sangaran]

Citation

WA-28NCC-717-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-717-10/2021 (Mahkamah Tinggi)

On the evidence (merger and conversion documents, invoices, work orders, admitted correspondence and foreign judgment in petitioner's name) the petitioner is successor in title and an unpaid creditor with locus to present the winding up petition; a winding up petition is not execution so REJA s9 does not bar the petition where the foreign judgment is from a non-reciprocating country; the statutory demand complied with statutory requirements and there was no bona fide dispute on the debt; accordingly enclosure 5 (strike out) is dismissed and the winding up petition is allowed in the terms soug…
18 May 2022

PEMPETISYEN M Rubini and Kumara Guru Naikar for the Petitioner [Messrs Christopher Lee & Ong] S Murali for the Respondent [Messrs Murali Sangaran]

Citation

WA-28NCC-717-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-717-10/2021 (Mahkamah Tinggi)

On the evidence petitioner demonstrated successor in title status and a prima facie unpaid debt evidenced by contracts, invoices and a foreign judgment; a winding up petition is not an execution of foreign judgment and REJA does not bar presentation of the petition where the foreign judgment was from a non‑reciprocating country; the statutory demand complied with statutory requirements creating a presumption of inability to pay; respondent failed to show a bona fide substantial dispute; enclosure 5 (strike out) dismissed and winding up order granted in the terms sought (paragraph 13(a),(b),(c…

Malaysia Case Law

SERAI SAUJANA MANAGEMENT CORPORATION 1. ) SERAI SAUJANA DEVELOPMENT SDN BHD 2. ) MANAGEMENT CORPORATION OF THE VILLA @ SERAI SAUJANA 3. ) TENAGA NASIONAL BERHAD

TENAGA NASIONAL BERHAD 1. ) Serai Saujana Development Sdn Bhd 2. ) SAUJANA RESORT (M) BERHAD

SIOW HON PENG 1. ) PERMODALAN NEGERI SELANGOR BERHAD 2. ) Menteri Besar Selangor (Pemerbadanan)

MERU VALLEY RESORT BERHAD PERBADANAN PENGURUSAN GOLF VISTA APARTMENT

NUSAJAYA LAND SDN. BHD. MILLION IMPACT SDN. BHD.

PEMPETISYEN M Rubini and Kumara Guru Naikar for the Petitioner [Messrs Christopher Lee & Ong] S Murali for the Respondent [Messrs Murali Sangaran]

PEMPETISYEN M Rubini and Kumara Guru Naikar for the Petitioner [Messrs Christopher Lee & Ong] S Murali for the Respondent [Messrs Murali Sangaran]