1. ) LIM BOON 2. ) LIM CHIN HIONG 3. ) TEE CHIN CHUI 4. ) TEE CHIN BOK 5. ) LIM CHEN MOOI v 1. ) VILLA DAMANSARA SDN. BHD. 2. ) BADAN PENGURUSAN BERSAMA PLAZA MELAKA RAYA
Catchwords
"Strata Act 1985 & Strata Management Act 2013 - Plaintiffs have not received strata titles and brings action against Defendants seeking for orders to compel the Defendants to procure the strata titles - issues - (ii) Whether the First Defendant is the correct party to be sued since it has ceased to be the proprietor of the land at the time CCC was issued; (ii) whether the Second Defendant as the JMB can be compelled to cause the First Defendant or to act for the Plaintiffs to take action against the First Defendant; (iii) whether Plaintiff guilty of delay in bringing action and; (iv) whether calculation of maintenance charges correct. Held: (i) First Defendant is wrong party to be sued; (ii) Second Defendant cannot be compelled to act against the First Defendant; (iii) Plaintiffs guilty of delay in bringing action; and (iv) issue of maintenance charges wrongfully brought before the Court - Application dismissed with costs.
Practice Areas
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (ma-24ncvc-8-01-2025)