JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] In the instant originating summons the applicant, one of the proprietors of a serviced apartment parcel ("apartment parcels") in an integrated/mixed development project that consist of a retail complex/shopping mall and car park ("commercial parcels") identified as Pearl Suria - Menara Pearl Point 2 ("Pearl Suria") sought the determination of this Court as to the validity of the different rates of maintenance charges and contribution to the sinking fund imposed on apartment parcels and commercial parcels.

[2] The questions for determination sought were framed as follows:

(i) whether on the true construction of the provisions of the Strata Management Act 2013 (" SMA "), the Strata Titles Act 1985 ("STA"), the Housing Development (Control & Licensing) Act 1966, the Housing Development (Control & Licensing) Regulations 1989, in particular, Schedule H as prescribed in reg 11:

(a) the determination of and imposition of the different rates of maintenance charges and contribution to the sinking fund between apartment parcels and commercial parcels by the 1st respondent as the developer of Pearl Suria is valid in law; and

(b) the determinat