D AMAN CRIMSON MANAGEMENT CORPORATION v 1. ) MAINLAND AVENUE SDN BHD 2. ) CHONG MEE LEE 3. ) CRIMSON COMMERCIAL PARK SDN BHD 4. ) Pejabat Tanah dan Galian Negeri
Catchwords
1. This dispute concerns the legal characterisation of certain areas within a mixed strata development undertaken by the Third Defendant, namely whether they constitute common property vested in the Plaintiff Management Corporation or whether they were lawfully designated and dealt with as accessory parcels. The Plaintiff, representing the parcel proprietors, contends that the areas in question form part of the common property and were wrongly alienated. The First, Second and Third Defendants dispute this contention and maintain that the relevant areas were validly created and transferred in accordance with the applicable statutory regime governing strata developments. 4. The primary issue for determination is whether the areas represented by accessory parcels A1144, A1154, A1155, A1156 and A1157 were lawfully created as accessory parcels pursuant to the strata subdivision process, or whether they remained, in law, part of the common property which vested in the Plaintiff upon the establishment of the Management Corporation. 5. The resolution of that issue necessarily requires this Court to consider the statutory framework governing strata developments, the legal effect of the approved and certified strata plans, the circumstances surrounding the subsequent transfers of the impugned parcels, and the application of the doctrine of indefeasibility of title.
Judges (1)
Judgment
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