ASMA BINTI AHMAD SHARIFF v TIARA MANAGEMENT CORPORATION
19 cases cited
(0 SG, 19 foreign)
Catchwords
A break-in does not merely result in the loss of possessions. More often than not, it leaves behind an enduring sense of vulnerability and insecurity. The trauma of discovering that one’s personal space has been violated can be profound. While some may contend that it is preferable to return to find a home ransacked rather than to be confronted face-to-face by intruders, that is not the issue before this Court. This is a suit brought by the Appellant/Plaintiff against the Respondent/Defendant, requiring this Court to adjudicate upon the matter by reference to the factual matrix of the case, the evidence adduced, the applicable legal principles, and the relevant provisions of law, in order to determine whether the Respondent/Defendant, as a Management Corporation, is liable in law to compensate the Appellant/Plaintiff for the losses sustained. This determination is undertaken by way of a re-hearing. The parties are referred to as they were in the Sessions Court. The essential issues for determination are as follows: First, whether the Defendant owed a duty of care to the Plaintiff, whether arising in tort and/or pursuant to the Strata Management Act 2013. Second, if the answer to the first issue is in the affirmative, whether the Defendant breached that duty of care. Third, in the event such breach is established, what relief or remedy the Plaintiff is entitled to in law.
Judges (1)
Counsel (6)
Case Significance
ASMA BINTI AHMAD SHARIFF v TIARA MANAGEMENT CORPORATION is a High Court (Mahkamah Tinggi) decision dated July 17, 2025 (citation: ba-12b-139-12-2024). The case was decided by Choong Yeow Choy.
Key issues: The parties are referred to as they were in the Sessions Court..
What was the outcome of ASMA BINTI AHMAD SHARIFF v TIARA MANAGEMENT CORPORATION?
ASMA BINTI AHMAD SHARIFF v TIARA MANAGEMENT CORPORATION is a High Court decision dated July 17, 2025. The case was heard by Choong Yeow Choy. See the full judgment for details.
Statutes Cited
Strata Management Act 2013
s 46 s 70(2)(a)
Strata Titles Act 1985 (Cap 318)
Cases Cited (19)
MY (19)
[1970] 2 MLJ 183 [1982] CLJ 107 [2007] 5 AMR 36 [2007] 5 CLJ 489 [2007] 6 MLJ 530 [2009] 1 AMR 405 [2009] 1 MLJ 737 [2016] 6 AMR 595 [2016] 9 CLJ 297 [2016] MLJU 824 [2020] 10 CLJ 285 [2020] 12 MLJ 16 [2020] 7 AMR 861 [2021] 10 CLJ 1 [2021] 6 MLJ 563 [2021] 8 AMR 842 [2024] AMEJ 3168 [2024] MLJU 3690 [2025] 4 CLJ 368
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ba-12b-139-12-2024)