BADAN PENGURUSAN BERSAMA ROYAL STRAND & LOVELL v COUNTRY GARDEN DANGA BAY SDN BHD
11 cases cited
(0 SG, 11 foreign)
Catchwords
Civil Procedure — Parties — Joinder — Addition of plaintiffs — Application by joint management body to join three parcel proprietors as co-plaintiffs in existing action against developer concerning defects in common property — Whether proposed plaintiffs necessary or proper parties — Whether common questions of law and fact arose — Whether joinder necessary for effectual and complete determination of dispute — Rules of Court 2012 O 15 r 6(2)(b) and O 15 r 6(4) Civil Procedure — Amendment — Writ and statement of claim — Consequential amendments following joinder of parcel proprietors — Whether amendments altered essential nature or character of the action— Whether amendments introduced a new cause of action—Whether defendant suffered irremediable prejudice Civil Procedure—Inherent jurisdiction—Power to prevent injustice—Existing action at risk of becoming ineffective following disputed transition from joint management body to management corporation—Whether inherent powers could supplement procedural framework—Rules of Court 2012 O 92 r 4 Strata Management — Joint management body — Locus standi — Dissolution of joint management body — Purported first annual general meeting of management corporation immediately challenged — Resolutions restrained by injunction — Commissioner of Buildings appointing external manager — Subsequent consent judgment structuring handover — Whether purported meeting was legally and practically operative to trigger statutory dissolution — Strata Management Act 2013 ss 27 and 28 Strata Management — Parcel proprietors — Common property — Individual parcel proprietors seeking joinder in action concerning defects in common property — Whether statutory position of management corporation excluded joinder—Whether proprietors possessed sufficient direct and beneficial interest—Alleged conflict of interest involving management corporation Res judicata—issue estoppel—earlier dismissal of intervention application in separate proceedings concerning validity of management corporation’s annual general meeting—subsequent joinder application in action concerning developer’s liability for common-property defects—whether identity of cause, issue, and circumstances established.
Practice Areas
Judges (1)
Counsel (6)
Statutes Cited
Interpretation Act
s 17A
Limitation Act 1953 (Cap 254)
Rules of Court 2012
Strata Management Act 2013
s 27(1)
Strata Titles Act 1985 (Cap 318)
Cases Cited (11)
MY (11)
[1967] 2 MLJ 211 [1985] 2 MLJ 35 [1993] 2 MLJ 143 [1995] 3 MLJ 189 [2004] 1 CLJ 701 [2004] 2 CLJ 265 [2008] 2 CLJ 121 [2014] 8 MLJ 894 [2016] 3 CLJ 665 [2020] 10 CLJ 285 [2025] 5 CLJ 20
Judgment
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Read on eJudgmentSource: eJudgment (ja-22ncvc-17-02-2023)