BADAN PENGURUSAN BERSAMA ARTE PLUS @ JALAN AMPANG v 1. ) AMPANG PROPERTY SDN. BHD. 2. ) N JAYA SDN. BHD.
Catchwords
Strata Management — Developer — Meaning of “developer” — Whether confined to party named in certificate of establishment — Functional and purposive interpretation — Project management agreement and powers of attorney conferring full authority — Issuance of vacant possession — Convening first annual general meeting — Holding of maintenance and sinking fund accounts — Whether first defendant fell within definition of “developer” — Strata Management Act 2013, ss 2, 18 Civil Procedure — Striking out — Application under O 18 r 19(1)(a), (b) & (d) Rules of Court 2012 — Whether claim disclosed reasonable cause of action — Whether claim plainly and obviously unsustainable — Presence of triable issues — Prohibition against conducting mini-trial — Bandar Builder Sdn Bhd v United Malayan Banking Corp Bhd applied Evidence — Documentary evidence — Project management agreement — Powers of attorney — Audited accounts — Statutory declaration identifying defendant as developer — Evidential weight — Whether administrative certificate conclusive of legal status Administrative Law — Certificates of establishment — Nature and effect — Whether determinative of statutory obligations — Whether subsequent amendment extinguishes accrued obligations — Certificate as prima facie but not conclusive evidence Practice and Procedure — Originating summons — Declaratory and injunctive relief — Statutory duties of developer — Suitability for determination — Claim properly maintainable
Practice Areas
Judges (1)
Case Significance
BADAN PENGURUSAN BERSAMA ARTE PLUS @ JALAN AMPANG v 1. ) AMPANG PROPERTY SDN.... is a High Court (Mahkamah Tinggi) decision dated November 23, 2025 (citation: wa-24ncvc-4892-12-2024). The case was decided by Moh Kok Wai.
Key issues: Practice and Procedure — Originating summons — Declaratory and injunctive relief — Statutory duties of developer — Suitability for determination — Claim properly maintainable.
What was the outcome of BADAN PENGURUSAN BERSAMA ARTE PLUS @ JALAN AMPANG v 1. ) AMPANG PROPERTY SDN....?
BADAN PENGURUSAN BERSAMA ARTE PLUS @ JALAN AMPANG v 1. ) AMPANG PROPERTY SDN.... is a High Court decision dated November 23, 2025. The case was heard by Moh Kok Wai. See the full judgment for details.