KBC MANAGEMENT CORPORATION v SUSUR SAUJANA SDN BHD
ba-12bncvc-53-09-2025 High Court (Mahkamah Tinggi) 4 March 2026 • BA-12BNCvC-53-09/2025 • 24 min read
12 cases cited
(0 SG, 12 foreign)
Catchwords
This appeal arose from the Sessions Court’s decision dismissing the Plaintiff’s (Appellant) claim for unpaid maintenance charges, sinking fund contributions and related charges against the Defendant, with costs. The Plaintiff challenged the decision, arguing that the learned Sessions Court Judge had wrongly interpreted the term “successor-in-title” under sections 60(4) and 61(4) of the Strata Management Act 2013 (SMA 2013), and that the Defendant, as the current registered proprietor, should be liable for arrears accumulated by previous owners since 1999. The Defendant maintained that the statutory provisions had been correctly interpreted and relied on established appellate principles limiting appellate intervention. After reviewing the evidence and applicable law, the Court found that the Sessions Court had properly considered the chronology of ownership, correctly applied the statutory framework, and carefully evaluated the evidential deficiencies in the Plaintiff’s claim. As there was no error of law, misapprehension of evidence or findings against the weight of evidence, the appeal was dismissed with costs of RM5,000.00 to the Defendant (Respondent).
Judges (1)
Counsel (4)
Statutes Cited
Evidence Act 1950 (Cap 56)
Interpretation Act
s 4(3)
Cases Cited (12)
MY (12)
[2005] 2 MLJ 1 [2012] 2 MLJ 8 [2012] 6 MLJ 1 [2016] 5 CLJ 367 [2017] 10 MLJ 796 [2017] MLJU 2044 [2018] 4 MLJ 773 [2018] 5 MLJ 634 [2019] 2 CLJ 439 [2020] 12 MLJ 67 [2020] 4 MLJ 721 [2021] 4 MLJ 86
Judgment
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Read on eJudgmentSource: eJudgment (ba-12bncvc-53-09-2025)