MAGNIFICIENT DIAGRAPH SDN BHD vs PERBADANAN PENGURUSAN ENDAH PARADE

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 MarsdenLR 472

HIGH COURT MALAYA KUALA LUMPUR
MAGNIFICIENT DIAGRAPH SDN BHD – Appellant
Versus
PERBADANAN PENGURUSAN ENDAH PARADE – Respondent

Table of Content
1. ownership of properties and management corporation details. (Para 1 , 1 , 2)
2. plaintiff's claim for rights and duties regarding management fund. (Para 3)
3. court required to respect previous judgments. (Para 4)
4. court orders and final resolutions granted. (Para 5)
5. mistakes in quorum calculations impact validity of resolutions. (Para 6 , 7 , 8 , 9 , 10)

[1] [i] The Plaintiff ["MDSB"] is the owner of property which comprises two lots that is Lot LG-001 and Lot NEW OFFICE ["Lots"] within the commercial complex known as Endah Parade Shopping Complex ["Complex"] and represents 65,636 shares units or 26.9% out of the total 243,524 share units of the entire Complex.

[ii] The Plaintiff had purchased the Lot LG-001 by way of a Sale and Purchase Agreement ["SPA"] dated 28 June 1996 between the Plaintiff and Alpha-Lab Sdn Bhd and Soon Teik Development Sdn Bhd ["Developers"]. It was registered as proprietor of Lot LG-001 on 6 March 2010.

[iii] The Plaintiff was at the material time, operating the chain of hypermarkets under the trade name "Carrefour" in Malaysia, including one outlet at Lot LG-001 at the Complex.

[iv] The Plaintiff purchased Lot NEW OFFICE and became the reg

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2014 MarsdenLR 472

HIGH COURT MALAYA KUALA LUMPURMAGNIFICIENT DIAGRAPH SDN BHD – AppellantVersusPERBADANAN PENGURUSAN ENDAH PARADE – Respondent

HIGH COURT MALAYA KUALA LUMPUR
MAGNIFICIENT DIAGRAPH SDN BHD – Appellant
Versus
PERBADANAN PENGURUSAN ENDAH PARADE – Respondent