PERBADANAN PENGURUSAN PD I v SCP ASSETS SDN. BHD.

b-02ncvcw-2002-11-2023 Court of Appeal (Mahkamah Rayuan) 1 July 2025 • B-02(NCvC)(W)-2002-11/2023 • 29 min read
21 cases cited (0 SG, 21 foreign)

Catchwords

This is an appeal concerning a dispute over the rates of maintenance charges imposed on car parks in a mixed commercial development project known as PD1 Complex. The High Court decided in favour of the Respondent, but the Appellant appealed, contending the charges were unfair and sought different rates based on usage. The Court of Appeal dismissed the appeal, finding the Appellant's computation arbitrary and a collateral attempt to redress share unit inequities. The court upheld the High Court's decision, and the Appellant must pay RM 40,000 to the Respondent.

Practice Areas

This is an appeal concerning a dispute over the rates of maintenance charges imposed on car parks in a mixed commercial development project known as PD1 Complex. The High Court decided in favour of the Respondent, but the Appellant appealed, contending the charges were unfair and sought different rates based on usage. The Court of Appeal dismissed the appeal, finding the Appellant's computation arbitrary and a collateral attempt to redress share unit inequities. The court upheld the High Court's decision, and the Appellant must pay RM 40,000 to the Respondent.

Judges (3)

Ahmad Kamal bin Md. Shahid Coram Lim Chong Fong Delivered S. Nantha Balan a/l E.s. Moorthy Coram

Counsel (7)

Chee Hoe & Associates Firm Ho, Loke & Koh Firm Angeline Ang Mei Fong Counsel Appellant Ashok Kandiah Counsel Respondent Celinne Teh Counsel Respondent Lai Chee Hoe Counsel Appellant Ling Chee Wei Counsel Respondent

Parties (2)

PERBADANAN PENGURUSAN PD I Appellant SCP ASSETS Sdn Bhd Respondent

Case Significance

PERBADANAN PENGURUSAN PD I v SCP ASSETS SDN. BHD. is a Court of Appeal (Mahkamah Rayuan) decision dated July 1, 2025 (citation: b-02ncvcw-2002-11-2023). <p>This appeal concerned a dispute over maintenance charge rates imposed on car park bays in the PD1 Complex mixed commercial development. The management corporation attempted to impose different rates based on usage via a private motion at its annual general meeting, but the Court of Appeal found the rates were arbitrary and represented a collateral attempt to address share unit inequities. The appeal was dismissed and the High Court's decision was affirmed with costs of RM40,000.</p> The panel comprised Ahmad Kamal bin Md. Shahid, Lim Chong Fong and S. Nantha Balan a/l E.s. Moorthy, with Lim Chong Fong delivering the judgment. Counsel appearing: Angeline Ang Mei Fong (counsel for appellant), Ashok Kandiah (counsel for respondent), Celinne Teh (counsel for respondent), Lai Chee Hoe (counsel for appellant), Ling Chee Wei (counsel for respondent).

Summary

This appeal concerned a dispute over maintenance charge rates imposed on car park bays in the PD1 Complex mixed commercial development. The management corporation attempted to impose different rates based on usage via a private motion at its annual general meeting, but the Court of Appeal found the rates were arbitrary and represented a collateral attempt to address share unit inequities. The appeal was dismissed and the High Court's decision was affirmed with costs of RM40,000.

What was the outcome of PERBADANAN PENGURUSAN PD I v SCP ASSETS SDN. BHD.?

<p>This appeal concerned a dispute over maintenance charge rates imposed on car park bays in the PD1 Complex mixed commercial development. The managem...

Statutes Cited

National Land Code (Cap 828)
Rules of Court 2012
Strata Titles Act 1985 (Cap 318)

Cases Cited (21)

MY (21)
[1941] MLJ 1 [1966] 1 MLJ 257 [1974] 1 MLJ 110 [1979] 2 MLJ 229 [1984] 2 MLJ 165 [1992] 3 CLJ 1535 [1997] 2 CLJ 153 [1998] 1 MLJ 393 [2004] 4 CLJ 309 [2008] 2 MLRH 678 [2008] 9 CLJ 209 [2009] 5 MLJ 14 [2010] 4 CLJ 419 [2013] 6 MLJ 343 [2014] 1 MLJ 80 [2018] 4 MLJ 284 [2018] 9 CLJ 547 [2020] 10 CLJ 1 [2021] 12 MLJ 116 [2024] 1 MLJ 948 [2024] MLJU 421