Can a Parcel Owner seek Restitution and Injunction against JMB and PMC for want of license?

Strata Titles and Management Series



A parcel owner brought an action via originating summons [“OS”] against the joint management body [“JMB”] and property management company [“PMC”], to claim for, inter alia: –

  • A declaration that the PMC is not a licensed property manager and/or allowed under the Strata Management Act 2013 and the PMC is not allowed to be appointed and/or be assigned maintenance and/or management duties of the building;
  • A declaration that any agreement, written or otherwise, entered into between the PMC and the JMB, is null and void;
  • Restitution under section 66 of the Contracts Act 1950;
  • Injunction against the PMC and/or its workers or agents to be removed from entering into, and/or acting as property manager for all affairs concerning the maintenance and management of the property in Dataran Prestij; and
  • An order that JMB and/or its committee members appoint property manager based on the provisions of law.

High Court Decision:

The court dismissed the OS with costs and found in favour of the submissions of PMC and JMB, among others: –

  • The parcel owner has no locus standi to bring the action;
  • The parcel owner is not privy to the agreement entered into between PMC and JMB;
  • At any rate, PMC has paid the requisite bond pursuant to the strata regime; and
  • There are no losses suffered by the parcel owner.


A proprietor should not be allowed to interfere with the contractual relationship between a JMB and a third-party service provider. At any rate, in a case where it involves dealings with an unlicensed property management company, JMB must ensure the lodgment of the requisite bond as stipulated under the strata regime.

Koo Jia Hung Profile Photo
Previously a Senior Legal Associate at Chee Hoe & Associates.
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