Wong Peng Hung v 1. ) TSI Domain Sdn Bhd 2. ) TSI Property Management Sdn Bhd PIHAK KETIGA Ketua pengarah Perumahan Negara
Catchwords
"Full trial of consolidated suits by Management Corporation and Purchasers of condominium units seeking to declare a Sale and Purchase agreement between Developer and another as void and to transfer what they consider common property to the Management Committee. - Issues interalia are whether fraud has been established and the registered title to the property indefeasible; whether the property and accessory car parks constitute common property; whether the Developer has breached the SPA's; whether the MC has the requisite locus standi; and whether the Defendants counter claim for tresspass proven? - Court makes the following findings :- 1. the MC lacks the requisite locus standi but the Purchases have so; 2. the Plaintiffs have failed to establish fraud; 3. the property is not common property as determined by reference to the Certified Strata Plans and Schedule of Parcels; 4. no breach of the DOs or SPA's have been establish in that there is no shortage of car parks; 5. counter claim dismissed as no evidence of tresspass. Plaintiffs claims in both suits dismissed.
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-271-05-2022)