14 Dec 2020
AMITY ONE SDN BHD BINJAI RESIDENCY MANAGEMENT CORPORATION
- Citation
- WA-22NCVC-472-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-472-08/2020 (Mahkamah Tinggi)
The court held the arrangement to discount charges by altering effective share unit impact or imposing different rates was illegal and ultra vires STA 1985 and SMA 2013; management corporation must levy a single fixed rate per share unit and collect charges in proportion to statutorily assigned share units; the plaintiff therefore underpaid maintenance charges and the defendant’s counterclaim for the outstanding sum is valid and recoverable; plaintiff's claim for discounted charges is struck out.