CHEAH TING FENG v PERBADANAN PENGURUSAN BANYAN TREE SIGNATURES PAVILION KUALA LUMPUR

wa-22ncvc-693-11-2024 High Court (Mahkamah Tinggi) 22 June 2025 • WA-22NCvC-693-11/2024 • 14 min read
8 cases cited (0 SG, 8 foreign)

Catchwords

Plaintiff’s application for an ad interim injunction vide seeking to restrain the Defendant, from enforcing a by-law that prohibits short-term rental (“STR”) activities within the residential component and from issuing further notices, invoices, or fines pending disposal of the main suit. Plaintiff sought the following interim reliefs: (a) An injunction to restrain the MC from enforcing or imposing the fines and invoices above referred to; (b) An injunction to restrain the MC from issuing further notices or fines in respect of the prohibition on STR activities; and (c) An injunction to restrain the MC from deactivating the Plaintiff’s access cards or restricting entry to his units and common facilities. Court must be satisfied that: (a) there is a serious issue to be tried; (b) damages would not be an adequate remedy; (c) the balance of convenience lies in favour of granting the injunction; and (d) the injunction sought will preserve, and not alter, the status quo.

Judges (1)

Mahazan binti Mat Taib Delivered

Counsel (7)

Ramesh K. Supramaniam Firm Tommy Thomas Firm Ahmad Azhad Aznul Affendi Counsel Defendant G. Kanarasan Counsel Plaintiff Ganesan Nethi Counsel Defendant Julian Lee Chun Hon Counsel Plaintiff Ramesh K. Supramaniam Counsel Plaintiff

Parties (2)

PERBADANAN PENGURUSAN BANYAN TREE SIGNATURES PAVILION KUALA LUMPUR Defendant Cheah Ting Feng Plaintiff

Case Significance

CHEAH TING FENG v PERBADANAN PENGURUSAN BANYAN TREE SIGNATURES PAVILION KUALA... is a High Court (Mahkamah Tinggi) decision dated June 22, 2025 (citation: wa-22ncvc-693-11-2024). The case was decided by Mahazan binti Mat Taib.

Key issues: Court must be satisfied that:.

What was the outcome of CHEAH TING FENG v PERBADANAN PENGURUSAN BANYAN TREE SIGNATURES PAVILION KUALA...?

CHEAH TING FENG v PERBADANAN PENGURUSAN BANYAN TREE SIGNATURES PAVILION KUALA... is a High Court decision dated June 22, 2025. The case was heard by Mahazan binti Mat Taib. See the full judgment for details.

Statutes Cited

Strata Management Act 2013
s 17

Cases Cited (8)

MY (8)
[1995] 1 MLJ 193 [2010] 3 MLJ 333 [2017] 11 MLJ 233 [2018] MLJU 470 [2019] MLJU 1834 [2020] 12 MLJ 16 [2020] 3 MLJ 645 [2024] MLJU 2920

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncvc-693-11-2024)