MENARA 1 MK SUBSIDIARI MANAGEMENT CORPORATION v 1. ) 1 MONT KIARA DAN KIARA 2 MANAGEMENT CORPORATION 2. ) Chuang Kuan Han (Psp A18)
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ABSTRACT The High Court dismissed a negligence claim by a subsidiary management corporation against a licensed land surveyor who prepared a Special Plan under the Strata Titles Act 1985. The court found that the claim was essentially a challenge to administrative approvals by JUPEM and PTG, which should have been addressed through judicial review under O 53 ROC 2012. It held that the surveyor owed no duty of care to the Plaintiff, as such a duty did not exist when the work was carried out in 2017 (established only in 2019). The claim amounted to abuse of process by bypassing judicial review's procedural safeguards and time limits, especially given the five-year delay. The Special Plan had been validly approved by a comprehensive resolution (67.6% support) and regulatory authorities, creating settled arrangements relied upon by three subsidiary management corporations since 2019. KEYWORDS Striking out - strata property - judicial review - professional negligence - duty of care - abuse of process - administrative law
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Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (wa-22ncvc-720-11-2024)