CATEGORY

Case Updates

Does COB have the power to adjourn an AGM?
by Felicia Toh

Pesuruhjaya Bangunan Majlis Bandaraya Pulau Pinang v. Perbadanan Pengurusan Mar Vista Resort [2025] 1 CLJ 555 (Civil Appeal No.: P-01(A)-194-04-2023) (CA) FACTS OF THE CASE This appeal concerned a question . . .

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Does a Management Corporation owe a duty of care to a parcel owner in maintaining a system of safety and security at a stratified scheme
by Deyvinah Ganesalingam

ASMA BINTI AHMAD SHARIFF v. TIARA MANAGEMENT CORPORATION (Civil Appeal No: BA-12B-139-12/2024) (HC) Facts This case concerns the Appellant’s apartment which was burglarized during daylight hours whereby the Appellant’s cause . . .

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Can a lawyer be disqualified for acting for a client after attending as a proxy at a general meeting
by Low Yen Hau

CASE UPDATE: LEE AH HAH & ANOR V TEH CHIN LAN & ORS [2019] 5 CLJ 855 (HC) Facts: An application has been made by the 3rd Defendant in the . . .

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Court of Appeal: A Developer who has obtained requisite approvals not liable for negligence
by Felicia Toh

Case update: Perbadanan Pengurusan One Tanjong v Province Valley Sdn Bhd [2025] 5 AMR 139 Facts: This dispute centres on the purported tort of negligence and breach of statutory duties . . .

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Court of Appeal: A parcel owner is not entitled to documents within the custody of a Joint Management Body
by Angeline Ang

Case update: Ideal City Development Sdn Bhd v Chimes AG Sdn Bhd & Anor [2024] CLJU 2898 Facts This dispute originated from a Tribunal claim filed by Chimes AG Sdn . . .

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Majlis Bandaraya Melaka Bersejarah is bound to pay charges under Strata Management Act 2013, and not Building and Common Property (Maintenance and Management) Act 2007
by Ooi Xin Yi

CASE UPDATE: Majlis Bandaraya Melaka Bersejarah v Badan Pengurusan Bersama Plaza Hang Tuah [2024] 10 CLJ 1 Facts: The Appellant, Majlis Bandaraya Melaka Bersejarah (“MBMB”) is a proprietor of the . . .

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Court of Appeal: Does the act of operating a commercial carpark business on accessory parcels contravene the Strata Titles Act 1985?
by Low Yen Hau

Case update: Target Term Sdn Bhd v Waldorf and Windsor Management Corporation and another appeal [2024] MLJU 2846 Facts: Malaysia Land Properties Sdn Bhd (referred to here as “Mayland”) was . . .

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UPDATED: Court of Appeal: Does the issuance of Partial CCC constitute valid delivery of vacant possession of parcel?
by Ooi Xin Yi

CASE UPDATE: COSMOPOLITAN AVENUE SDN BHD v KHONG YAO HAN & 57 ORS [2024] CLJU 1893 Updated on 18.11.2024: On 11 November 2024, the Federal Court has granted leave to . . .

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Federal Court: An advocate and solicitor ought to be given reasonable opportunity to be heard before being imposed with a punishment of any kind
by Deyvinah Ganesalingam

Case update: Majlis Peguam Malaysia v Syed Ahmad Imdadz Said Abas & Anor [2024] 1 CLJ 353 Facts This case concerns a disciplinary complaint lodged with the Disciplinary Committee (DC) . . .

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Court of Appeal: Joint Management Committee has no power to determine rates of charges, which must be determined at an AGM
by Angeline Ang

Case update: Badan Pengurusan Bersama Tropicana 218 Macalister v Tropicana Macalister Avenue (Penang) Sdn Bhd, Civil Appeal No.: P-02(NCvC)(A)-1043-06/2023 Facts This appeal originated from a High Court originating summons filed . . .

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