Jayadeep Hari & JamilJayadeep Hari & JamilJayadeep Hari & JamilJayadeep Hari & Jamil
  • About
  • Our People
    • Partners
    • Consultant
    • Associates
  • Practice Areas
  • Publications
    • Legal Updates
    • Legal Cauldron (Temporary suspended)
    • Articles
    • News & Bulletin
  • We Care
  • Careers
  • Contact Us

Legal Update 14 of 2020

    Home Legal Updates Legal Update 14 of 2020
    NextPrevious

    Legal Update 14 of 2020

    By jhj admin | Legal Updates | 0 comment | 14 January, 2021 | 0

    Can individual parcel owners enforce rights relating to common property on their own behalf?

    Case:

    SYARIKAT EAST COAST & ORS v. MAKNA MUJUR SDN BHD & ORS [2020] 2 MLRA 440

    Brief Facts:

    • Syarikat East Coast and others were the purchasers of shophouse units in the shopping centre known as KL Plaza, located at Bukit Bintang, Kuala Lumpur (“Shophouse Owners”).

     

    • The KL Plaza was redeveloped and renovated in 2010.

     

    • The Shophouse Owners were not happy with how the renovation and redevelopment were carried out and alleged trespass and nuisance on the common property by the developer.

     

    • Consequently, the Shophouse Owners commenced a case to compel the developer to restore some of the corridors in the building to their original state and for breach of statutory duty.

     

    • The breach of statutory duty was that the Joint Management Corporation (“JMC”) on behalf of the Joint Management Body (“JMB”) had obtained the approval to commence the renovation works without calling for a general meeting.

     

    • The High Court dismissed the Shophouse Owners’ claim and they appealed to the Court of Appeal.

    COURT OF APPEAL DECISION – APPEAL DISMISSED!

    The Court of Appeal dismissed the appeal on the following basis:

     

    • The approval given by the JMC, on behalf of the JMB, without calling for the general meeting, was perfectly valid and within the powers and duties under the Building and Common Property (Maintenance and Management) Act 2007 (“BCPA”) and hence, there was no breach of statutory duty;

     

    • There was evidence to show that the Shophouse Owners, through members of the JMC who represented them, were informed of the purpose and plans of the renovation/redevelopment of KL Plaza and had unanimously supported and endorsed the renovation/redevelopment; and

     

    • The Shophouse Owners did not have any right in law or equity to pursue their claims in respect of common property. By virtue of section 8 of the BCPA, the JMB had sole control on the management of the common property of KL Plaza.

     

    • Any claims in relation to the common property could only be brought by the JMB and not the individual parcel owners or some of them together. It was for the JMB alone to pursue such claims for the benefit of all parcel owners.
    No tags.

    jhj admin

    More posts by jhj admin

    Related Post

    • Legal Update 9 of 2020

      By jhj admin | 0 comment

      Can a civil servant be dismissed from employment by a local authority without affording him the right to be heard? Case: PIHAK BERKUASA TATATERTIB MAJLIS PERBANDARAN SEBERANG PERAI & ANOR v. MUZIADI MUKHTAR [2020] 1Read more

    • Legal Update 10 of 2020

      By jhj admin | 0 comment

      Can the payment of quit rent, assessment rates, electricity and water bills be used to prove ownership of property? Case: HS REALTY SDN BHD v. YOW HONG SOON [2020] 1 LNS 230 Brief Facts: HSRead more

    • Legal Update 11 of 2020

      By jhj admin | 0 comment

      Can accused persons who are convicted of disobeying the Movement Control Order appeal for alternative punishment instead of imprisonment in the interest of justice? Case: CHIN CHEE WEI & ANOR V PP [2020] 1 LNSRead more

    • Legal Update 12 of 2020

      By jhj admin | 0 comment

      Can a foreign national have a permanent contract of employment? Case: AHMAD ZAHRI MIRZA ABDUL HAMID v. AIMS CYBERJAYA SDN BHD [2020] 1 LNS 494 Brief Facts: Ahmad, an expatriate, received a letter of appointmentRead more

    • Legal Update 13 of 2020

      By jhj admin | 0 comment

      Can the giving of legal advice by an adjudged bankrupt, whose practising certificate has been suspended, amount to practising law in contravention of the Legal Profession Act 1976? Case: DARSHAN SINGH KHAIRA v. ZULKEFLI HASHIMRead more

    • Legal Update 15 of 2020

      By jhj admin | 0 comment

      When is the point of time when a debtor is considered to be unable to pay his debts? Case: AFFIN BANK BERHAD V. ABU BAKAR ISMAIL [2020] 2 MLRA 99 Brief Facts: Affin Bank BerhadRead more

    • Legal Update 16 of 2020

      By jhj admin | 0 comment

      Whether an article containing allegations of corrupt practices and giving of bribes was defamatory to the owner of an education institution? Case: EAGLE ONE INVESTMENT LTD & ORS V. ASIA PACIFIC HIGHER LEARNING SDN BHDRead more

    • Legal Update 17 of 2020

      By jhj admin | 0 comment

      Can service charge received by employees as incentives be incorporated into the calculation of their basic salary to meet the requirement of minimum wage? Case: CRYSTAL CROWN HOTEL & RESORT SDN BHD (CRYSTAL CROWN HOTELRead more

    Leave a Comment

    Cancel reply

    Your email address will not be published. Required fields are marked *

    NextPrevious

    JHJ Bulletin

    • S.Jeyaraman: The Magic of Memory
    • Andreas Dorn: Your Unconscious Mind on Change and Money

    Legal Updates

    • Legal Update 22 of 2022
    • Legal Update 21 of 2022
    • Legal Update 20 of 2022
    • Legal Update 19 of 2022
    • Legal Update 18 of 2022
    • Legal Update 17 of 2022
    • Legal Update 16 of 2022

    Legal Cauldron

    • 2
      0

      Legal Cauldron 1 of 2016

      Click here to view & download
    • 2
      0

      Legal Cauldron 2 of 2015

      Click here to view & download
    Copyright 2017 All Rights Reserved Contact Us         Like & Follow Us On:Facebook | Instagram | LinkedIn Disclaimer | Privacy Policy
    • About
    • Our People
      • Partners
      • Consultant
      • Associates
    • Practice Areas
    • Publications
      • Legal Updates
      • Legal Cauldron (Temporary suspended)
      • Articles
      • News & Bulletin
    • We Care
    • Careers
    • Contact Us
    Jayadeep Hari & Jamil