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 20 of 2022

    Home Legal Updates Legal Update 20 of 2022
    NextPrevious

    Legal Update 20 of 2022

    By jhj admin | Legal Updates | 0 comment | 13 December, 2022 | 0

    “When does a car park in a condominium deemed common property?”

    Case:

    SRI KELADI SDN BHD (in liquidation) v BUKIT OUG CONDOMINIUM JOINT MANAGEMENT BODY [2022] 6 AMR 296

    Brief Facts:

    • The Appellant, Sri Keladi Sdn Bhd (in liquidation) (“Sri Keladi”) was the developer of the Bukit OUG Condominium which compromised residential and commercial parcels (“the development”).
     
    • Following the winding up Sri Keladi Sdn Bhd, a surplus of 149 unaccounted car parks (“the 149 car parks”) was revealed by the liquidators. The liquidators advertised for the car parks to be sold.
     
    • The Respondent, Bukit OUG Condominium Joint Management Body (“Joint Management Body”) as the managing body filed a claim for the 149 car parks on the basis that the said car parks are part of the ‘common property’ and sought a declaration that it has ownership over it.
     
    • Sri Keladi however disputed the Respondent’s claim as they argued that the strata titles have yet to be issued and argued that as land owner and developer, it is within their rights to deal with the 149 car parks.
     

    HIGH COURT

     
    • The High Court decided in favour of the Joint Management Body and held that the 149 car parks formed part of the development and were intended for the exclusive use and enjoyment of the parcel owners whose rights were governed by their respective sale and purchase agreements (“the SPAs”). Therefore, they were deemed common properties.
     
    • The definitions of the words ‘common property’, ‘parcels’ and ‘accessory parcels” in the SPA meant that Sri Keladi cannot claim the car parks belonged to them.
     
    • Sri Keladi proceeded to appeal against the High Court’s decision.

    COURT OF APPEAL DECISION – APPEAL ALLOWED!

    a)   What is the instrument or document governing the ownership of the car parks?

     
    • The Court of Appeal held that the executed SPAs are the instrument/documents to determine the ownership of the car parks. The executed SPAs are legally binding contracts between the developer and purchasers/parcel owners. Therefore, courts cannot rewrite contracts when parties are aware and unprejudiced against its terms.
     

    b)   Would the car parks come under the definition of ‘common property’ under the SPAs?

     
    • In allowing the appeal, the Court of Appeal held that the determination of whether the car parks should be considered as ‘common property’ would depend on the terms of the SPA.
     
    • Based on the SPAs, the Appellate court held that the car parks do not fall under the definition of ‘common property’. The court held that if the parties intended for the car parks to be considered as ‘common property’, they would have listed it under the relevant schedules of the SPAs.
     
    • The Court held that in this case the 149 car parks are not common property.

    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 14 of 2020

      By jhj admin | 0 comment

      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 EastRead 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

    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