Perbadanan Pengurusan First Residence v 1. ) TSI Property Management Sdn Bhd 2. ) TSI Domain Sdn Bhd PIHAK KETIGA 1. ) DATUK BANDAR, DEWAN BANDARAYA KUALA LUMPUR 2. ) KEMENTERIAN PERUMAHAN DAN KERAJAAN TEMPATAN PIHAK TERKILAN LIM SENG KOK
Catchwords
"Full trial of consolidated suits by Management Corporation and Purchasers of condominium units seeking to declare a Sale and Purchase agreement between Developer and another as void and to transfer what they consider common property to the Management Committee. - Issues interalia are whether fraud has been established and the registered title to the property indefeasible; whether the property and accessory car parks constitute common property; whether the Developer has breached the SPA's; whether the MC has the requisite locus standi; and whether the Defendants counter claim for tresspass proven? - Court makes the following findings :- 1. the MC lacks the requisite locus standi but the Purchases have so; 2. the Plaintiffs have failed to establish fraud; 3. the property is not common property as determined by reference to the Certified Strata Plans and Schedule of Parcels; 4. no breach of the DOs or SPA's have been establish in that there is no shortage of car parks; 5. counter claim dismissed as no evidence of tresspass. Plaintiffs claims in both suits dismissed.
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-773-11-2021)