1. ) ONG PHAIK KOOI 2. ) LAW WEY ANN v 1. ) TRIBUNAL PERUMAHAN DAN PENGURUSAN STRATA 2. ) AMBER COURT MANAGEMENT CORPORATION

wa-25-218-08-2023 High Court (Mahkamah Tinggi) 8 December 2025 • WA-25-218-08/2023 • 14 min read
6 cases cited (0 SG, 6 foreign)

Catchwords

Challenge to the decision of the Strata Management Tribunal allowing claim of Management Committee-claim for miscellaneous charges of insurance premium, sanitary charges and quit rent allowed-whether the award of Tribunal ultra vires Strata Management Act 2013-whether the charges to be imposed under the Act envisages only maintenance charges and contribution to the sinking fund-award allowed claim for arrears of maintenance charges allegedly based on square foot and not tabled before the AGM-whether dispute of facts to be decided by Tribunal on the evidence-whether the award decided on issues already determined in a suit brought before the High Court

Practice Areas

Challenge to the decision of the Strata Management Tribunal allowing claim of Management Committee-claim for miscellaneous charges of insurance premium, sanitary charges and quit rent allowed-whether the award of Tribunal ultra vires Strata Management Act 2013-whether the charges to be imposed under the Act envisages only maintenance charges and contribution to the sinking fund-award allowed claim for arrears of maintenance charges allegedly based on square foot and not tabled before the AGM-whether dispute of facts to be decided by Tribunal on the evidence-whether the award decided on issues already determined in a suit brought before the High Court

Judges (1)

Alice Loke Yee Ching Delivered

Counsel (4)

Kin Tong & Co. Firm WK Lim & Partners Firm Bernard Liew Counsel Respondent Koh Kean Kang Counsel Applicant

Parties (4)

AMBER COURT MANAGEMENT CORPORATION Respondent Law Wey Ann Applicant Ong Phaik Kooi Applicant Tribunal Perumahan Dan Pengurusan Strata Respondent

Case Significance

1. ) ONG PHAIK KOOI 2. ) LAW WEY ANN v 1. ) TRIBUNAL PERUMAHAN DAN PENGURUSAN... is a High Court (Mahkamah Tinggi) decision dated December 8, 2025 (citation: wa-25-218-08-2023). <p>The applicants, unit owners of Amber Court, challenged 6 awards of the Strata Management Tribunal via judicial review, contending that the Tribunal acted ultra vires the Strata Management Act 2013 by allowing claims for miscellaneous charges (insurance premium, sanitary charges, quit rent) beyond maintenance charges and sinking fund contributions. The court found the Tribunal's decisions were not tainted with illegality or irrationality, the miscellaneous charges were validly imposed under th The case was decided by Alice Loke Yee Ching. Counsel appearing: Bernard Liew (counsel for respondent), Koh Kean Kang (counsel for applicant).

Summary

The applicants, unit owners of Amber Court, challenged 6 awards of the Strata Management Tribunal via judicial review, contending that the Tribunal acted ultra vires the Strata Management Act 2013 by allowing claims for miscellaneous charges (insurance premium, sanitary charges, quit rent) beyond maintenance charges and sinking fund contributions. The court found the Tribunal's decisions were not tainted with illegality or irrationality, the miscellaneous charges were validly imposed under the relevant provisions, and the ground of duplicity with a pending High Court suit was without merit. Both judicial review applications were dismissed with costs of RM5,000.

What was the outcome of 1. ) ONG PHAIK KOOI 2. ) LAW WEY ANN v 1. ) TRIBUNAL PERUMAHAN DAN PENGURUSAN...?

<p>The applicants, unit owners of Amber Court, challenged 6 awards of the Strata Management Tribunal via judicial review, contending that the Tribunal...

Statutes Cited

Strata Titles Act 1985 (Cap 318)

Cases Cited (6)

UK (2)
[1948] 1 KB 223 [1956] AC 14
MY (4)
[1997] 1 MLJ 145 [2013] 6 MLJ 343 [2018] 4 MLJ 284 [2024] 6 MLJ 598