1. ) LONELY PLANET INN SDN BHD 2. ) ONG PHAIK KOOI 3. ) JOANN WEN LAW 4. ) LAW WEY ANN v AMBER COURT MANAGEMENT CORPORATION

wa-22ncvc-187-04-2023 High Court (Mahkamah Tinggi) 29 September 2025 • WA-22NCvC-187-04/2023 • 27 min read
7 cases cited (0 SG, 7 foreign)

Catchwords

Strata property – Default in payment of Maintenance Charges Definition of “defaulter” in para 6(1)(a) Third Schedule of Strata Management Regulations – Proprietor who made partial payments is still a defaulter – Maintenance Charges calculated based on Share Units of parcels – Formula for computation of Share Units for a parcel – Para 2(1) of the First Schedule to the SMA 2013 – Number of Share Units multiplied with the Amount Payable Per Share Unit – Failure to challenge the Amount Payable Per Share Unit fixed by Management Corporation – Management Corporation empowered by By-law No. 6(4) of the Third Schedule Strata Management Regulations to deactivate any electromagnetic access devices issued to a defaulter until full payment made – Management Corporation empowered stop or suspend a defaulter from using the common facilities – Defaulter can pay under protest, pending claim at the Strata Management Tribunal – Oral application on first day of trial to reclassify Part A documents in Common Bundle not permissible – Documents marked as IDs for identification purposes are not proven and admitted in evidence – To follow Federal Court in Live Capital Sdn Bhd v Pioneer Conglomerate Sdn Bhd [2025] 4 MLJ 420 – No weight to be given to those documents – Order 32 rule 13 Rules of Court 2012 inapplicable to trials – Notice of Intention to refer to affidavits filed earlier in Form 58 Rules of Court 2012 applicable only to applications by way of affidavit evidence – Order 38 rule 1 Rules of Court 2012 – Parties must call witnesses to testify once trial commences – Jurisdiction of Strata Management Tribunal – Dispute between parcel proprietor and Management Corporation regarding Maintenance Charges

Judges (1)

Gan Techiong Delivered

Counsel (7)

Alvin John & Partners Firm Kin Jong & Co Firm Bernard Liew Kin Jong Counsel Defendant Isaac Sachdev Pereira Counsel Plaintiff Mugelen Chandran Counsel Defendant Sharan A/L Chandrasekeran Counsel Plaintiff Tan Li Shern Counsel Plaintiff

Parties (5)

AMBER COURT MANAGEMENT CORPORATION Defendant LONELY PLANET INN Sdn Bhd Plaintiff Joann Wen Law Plaintiff Law Wey Ann Plaintiff Ong Phaik Kooi Plaintiff

Case Significance

1. ) LONELY PLANET INN SDN BHD 2. ) ONG PHAIK KOOI 3. ) JOANN WEN LAW 4. ) LA... is a High Court (Mahkamah Tinggi) decision dated September 29, 2025 (citation: wa-22ncvc-187-04-2023). The case was decided by Gan Techiong.

What was the outcome of 1. ) LONELY PLANET INN SDN BHD 2. ) ONG PHAIK KOOI 3. ) JOANN WEN LAW 4. ) LA...?

1. ) LONELY PLANET INN SDN BHD 2. ) ONG PHAIK KOOI 3. ) JOANN WEN LAW 4. ) LA... is a High Court decision dated September 29, 2025. The case was heard by Gan Techiong. See the full judgment for details.

Statutes Cited

Federal Constitution
Art 13
Rules of Court 2012
Strata Titles Act 1985 (Cap 318)

Cases Cited (7)

MY (7)
[1997] 1 MLJ 94 [2006] 3 MLJ 631 [2008] 1 MLJ 27 [2010] 5 MLJ 145 [2014] 5 CLJ 881 [2022] 6 CLJ 219 [2025] 4 MLJ 420

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncvc-187-04-2023)