1. ) WAWASAN RAYA (M) SDN. BHD. 2. ) ACAPPELLA SUITE HOTEL SDN BHD v MARC SERVICE RESIDENCE MANAGEMENT CORPORATION

w-02ncvcw-719-04-2023 Court of Appeal (Mahkamah Rayuan) 8 December 2024 • W-02(NCvC)(W)-719-04/2023

Catchwords

Whether the “management corporation” (MC) [as defined in s 2 of the Strata Management Act 2013 (SMA)] of a “development area” (as understood in s 2 SMA) can prohibit “Short Term Rental” of “parcels” (within the meaning of s 2 SMA) in the development area. Can court on its own motion strike out a counterclaim by a defendant under O 18 r 19(1) of the Rules of Court 2102. This question also concerns the application of the two rules of natural justice. Nuisance - immoral and/or unlawful use of the Parcels - total disregard of the quiet enjoyment of the Parcels by their occupants - abuse of the Common Property

Judges (3)

Lim Chong Fong Coram See Mee Chun Coram Wong Kian Kheong Delivered

Parties (3)

ACAPPELLA SUITE HOTEL Sdn Bhd Appellant MARC SERVICE RESIDENCE MANAGEMENT CORPORATION Respondent WAWASAN RAYA Sdn Bhd Appellant

Judgment

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Source: eJudgment (w-02ncvcw-719-04-2023)