CBAL SDN. BHD. v MENARA SAFUAN JOINT MANAGEMENT BODY
Catchwords
This is an appeal lodged by the appellant as defendant in the Session Court against the decision of the learned Session Court Judge dated 27 September 2024, which allowed the respondent's claim as the plaintiff therein, effectively ordering the defendant to pay to the plaintiff maintenance/service charges of RM594,827.03. The court finds that the plaintiff acted ultra vires of the Strata Management Act 2013 by imposing maintenance/service charges based on the square feet of area on the defendant. The court further finds that a case that violates fundamental laws should not be entertained by the court. From the court's perspective, the trial judge's decision was plainly wrong, and appellate intervention is warranted in this appeal. This is of paramount importance as dismissing the appeal would effectively confirm an illegal claim by the plaintiff.
Case Significance
CBAL SDN. BHD. v MENARA SAFUAN JOINT MANAGEMENT BODY is a High Court (Mahkamah Tinggi) decision dated April 27, 2025 (citation: wa-12bncvc-125-10-2024). The case was decided by Raja Ahmad Mohzanuddin Shah bin Raja Mohzan.
Key issues: The court finds that the plaintiff acted ultra vires of the Strata Management Act 2013 by imposing maintenance/service charges based on the square feet of area on the defendant..
What was the outcome of CBAL SDN. BHD. v MENARA SAFUAN JOINT MANAGEMENT BODY?
CBAL SDN. BHD. v MENARA SAFUAN JOINT MANAGEMENT BODY is a High Court decision dated April 27, 2025. The case was heard by Raja Ahmad Mohzanuddin Shah bin Raja Mohzan. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-12bncvc-125-10-2024)