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CATEGORY

Strata Management

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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[UPDATED WITH BRIEF GROUNDS] Key Takeaways Post Obata Ambak v Prema Bonanza Sdn Bhd (Can one claim LAD after the 36th month onwards post Ang Ming Lee)
by Lai Chee Hoe

On 26.7.2024 ,the Federal Court delivered a landmark decision, refining the after effects of Ang Ming Lee and delivered its decision on the primary issue of whether purchasers are entitled . . .

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Federal Court: Management Corporation can impose different rates of charges
by Angeline Ang

Case update: Yii Sing Chiu v Pearl Suria Management Corporation & 2 Ors (2 motions for leave) On 19.3.2024, the Federal Court upheld the landmark decision of the Court of . . .

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Can the JMB claim against those areas (which were originally common property) sold as parcels by developer and declare them as common property
by Lai Chee Hoe

PJ Centrestage JMB v Shah Alam High Court Civil Suit No. BA-22C-30-05/2017 (Grounds of Judgment dated 19 February 2024) Facts: The Plaintiff is a Joint Management Body (JMB) of a . . .

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LIMITED POWERS OF JMB AND MC: JMB AND MC HAVE NO STANDING (LOCUS STANDI) TO FILE JUDICIAL REVIEW OTHER THAN FOR MATTERS WITH RESPECT TO COMMON PROPERTY
by Ooi Xin Yi

CASE UPDATE: DATUK BANDAR KUALA LUMPUR V. PERBADANAN PENGURUSAN TRELLISES & ORS AND OTHER APPEALS [2023] 5 CLJ 167 FACTS: This case relates to Taman Rimba Kiara, a public park . . .

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Federal Court: The Court does not have power to injunct the convening of a statutorily requisite annual general meeting (AGM)
by Angeline Ang

Case update: Federal Court affirms the Court of Appeal ruling in Pengurusan Perbadanan Jaya One v Tetap Tiara Sdn Bhd (3 motions for leave) On 12.12.2023, the Federal Court affirmed . . .

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Federal Court Continued Hearing on 6.11.2023: Showdown Between Purchasers and Developer post Ang Ming Lee Decision (Live Updates)
by Angeline Ang

[The updates for the previous hearings in the Federal Court can be found below:-https://cheehoe.com/federal-court-hearing-on-23-3-2023-showdown-between-purchasers-and-developer-post-ang-ming-lee-decision-live-updates/https://cheehoe.com/federal-court-hearing-on-12-7-2023-showdown-between-purchasers-and-developer-post-ang-ming-lee-decision-live-updates/https://cheehoe.com/federal-court-hearing-on-9-8-2023-showdown-between-purchasers-and-developer-post-ang-ming-lee-decision-live-updates/https://cheehoe.com/federal-court-continued-hearing-on-16-8-2023-showdown-between-purchasers-and-developer-post-ang-ming-lee-decision-live-updates/ https://cheehoe.com/federal-court-continued-hearing-on-26-9-2023-showdown-between-purchasers-and-developer-post-ang-ming-lee-decision-live-updates/]

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Court of Appeal : Management Corporation Can Impose Different Rates of Charges
by Koo Jia Hung

CASE UPDATE: PEARL SURIA MANAGEMENT CORPORATION v YII SING CHIU & 2 ORS (Court of Appeal, Civil Appeal No: W-02(NCVC)(A)-1389-07/2022) & AIKBEE TIMBERS SDN BHD & ANOR v YII SING . . .

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

CASE UPDATE: PAU BOON LEONG v JOINT MANAGEMENT BODY OF DATARAN PRESTIJ & ANOR [unreported] FACTS: A parcel owner brought an action via originating summons [“OS”] against the joint management . . .

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Can MC, MC Members And PMC Be Held Liable For Defamation Due To Publication Of Wrong List Of Defaulters? (Part II)
by Koo Jia Hung

CASE UPDATE: WONG MING & ANOR v. MEGAN AVENUE II MANAGEMENT CORPORATION & ORS (Court of Appeal, Civil Appeal No: W-02(NCVC)(W)-2-01/2022) We have previously written on the Megan Avenue case . . .

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