LOOI SEOW LENG v 1. ) THE SUMMIT SUBANG USJ MANAGEMENT CORPORATION 2. ) MAYBANK TRUSTEES BERHAD BUKAN PIHAK-PIHAK Tuang Choo Kien@Tong Choo Kien

wa-22ncvc-217-03-2024 High Court (Mahkamah Tinggi) 18 March 2025 • WA-22NCvC-217-03/2024

Catchwords

Statutory authority of Management Corporation. Ultra vires charges. Strata Management. Differential maintenance charges. Declaratory relief. The High Court allowed the plaintiff’s application under Order 14A of the Rules of Court 2012 holding that the defendant management corporation acted ultra vires in imposing renovation charges, interest, legal fees and differential maintenance rates. The court found that such charges were not authorised under the Strata Titles Act 1985 or the Strata Management Act 2013 and that resolutions passed at general meetings could not override statutory limitations. The court declared the charges unlawful and restrained further collection reaffirming the principle that statutory bodies may only act within their express legal powers.

Practice Areas

Strata Management Civil Procedure

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (4)

MAYBANK TRUSTEES BERHAD Defendant THE SUMMIT SUBANG USJ MANAGEMENT CORPORATION Defendant Looi Seow Leng Plaintiff Tuang Choo Kien@tong Choo Kien Non Party

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncvc-217-03-2024)