BADAN PENGURUSAN BERSAMA ARTE PLUS @ JALAN AMPANG v 1. ) AMPANG PROPERTY SDN. BHD. 2. ) N JAYA SDN. BHD.
Catchwords
Strata Management — Developer — Meaning of “developer” — Whether confined to party named in certificate of establishment — Functional and purposive interpretation — Project management agreement and powers of attorney conferring full authority — Issuance of vacant possession — Convening first annual general meeting — Holding of maintenance and sinking fund accounts — Whether first defendant fell within definition of “developer” — Strata Management Act 2013, ss 2, 18 Civil Procedure — Striking out — Application under O 18 r 19(1)(a), (b) & (d) Rules of Court 2012 — Whether claim disclosed reasonable cause of action — Whether claim plainly and obviously unsustainable — Presence of triable issues — Prohibition against conducting mini-trial — Bandar Builder Sdn Bhd v United Malayan Banking Corp Bhd applied Evidence — Documentary evidence — Project management agreement — Powers of attorney — Audited accounts — Statutory declaration identifying defendant as developer — Evidential weight — Whether administrative certificate conclusive of legal status Administrative Law — Certificates of establishment — Nature and effect — Whether determinative of statutory obligations — Whether subsequent amendment extinguishes accrued obligations — Certificate as prima facie but not conclusive evidence Practice and Procedure — Originating summons — Declaratory and injunctive relief — Statutory duties of developer — Suitability for determination — Claim properly maintainable
Practice Areas
Judges (1)
Case Significance
BADAN PENGURUSAN BERSAMA ARTE PLUS @ JALAN AMPANG v 1. ) AMPANG PROPERTY SDN.... is a High Court (Mahkamah Tinggi) decision dated November 23, 2025 (citation: wa-24ncvc-4892-12-2024). The case was decided by Moh Kok Wai.
Key issues: Practice and Procedure — Originating summons — Declaratory and injunctive relief — Statutory duties of developer — Suitability for determination — Claim properly maintainable.
What was the outcome of BADAN PENGURUSAN BERSAMA ARTE PLUS @ JALAN AMPANG v 1. ) AMPANG PROPERTY SDN....?
BADAN PENGURUSAN BERSAMA ARTE PLUS @ JALAN AMPANG v 1. ) AMPANG PROPERTY SDN.... is a High Court decision dated November 23, 2025. The case was heard by Moh Kok Wai. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-24ncvc-4892-12-2024)