1. ) SURIA FIRST HOLDINGS SDN BHD 2. ) HO SZE KEEN 3. ) TOH OOI PENG v 1. ) TRIBUNAL UNTUK PERUMAHAN DAN PENGURUSAN STRATA 2. ) BADAN PENGURUSAN BERSAMA ARA HILL
5 cases cited
(0 SG, 5 foreign)
Catchwords
Civil Procedure — Judicial review — Application for — Plaintiff applied for judicial review against decision of Tribunal for Housing and Strata Management — Strata Management Act 2013 (“SMA”) — s 117(1) — Whether the 60-day period stipulated under s 117(1) mandatory — Whether there was delay in making the Award — Whether the delay in making award, if at all, was justified Land law — Strata title — Strata Management (Maintenance and Management) Regulations 2015 — Reg 9(1) — Allocation of share units — Joint Management Body (JMB”) shall assign the share units for each parcel in accordance with the formula set out in the First Schedule of the SMA in Form 3 — Whether complied with Land Law — Strata title — Maintenance charges — JMB determined the rates of maintenance charges payable by its owners at the AGM — Whether only JMB was authorised under SMA to determine maintenance charge rate — Whether Tribunal has the power to vary the rate of charges as approved by the AGM Civil Procedure — Proceedings at the Tribunal — Notes of proceedings —Applicants have issues with the notes of proceedings at the Tribunal — Whether applicants can question the notes of proceedings without first challenging them at the Tribunal — Whether challenge ought to be allowed at judicial review stage
Practice Areas
Judges (1)
Counsel (6)
Statutes Cited
Strata Titles Act 1985 (Cap 318)
Cases Cited (5)
MY (5)
[1995] 1 MLJ 281 [2018] 6 CLJ 237 [2020] 3 MLJ 645 [2020] 8 MLJ 721 [2020] MLJU 1374
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-25-499-09-2022)