JUDGMENT

Faizah Jamaludin J:

Introduction

[1] This is the Appellant's appeal against the Sessions Court's decision on 17 June 2021 to dismiss its application for a garnishee order against the 2nd Respondent ("R2") to garnish the monies standing to the credit of the 1st Respondent's ("R1") maintenance account and sinking fund account maintained at the R2 bank.

[2] The appeal is allowed for the reasons set out in this judgment.

The Facts

[3] The Appellant is a company providing property management services. R1 is the joint management body ("JMB") of the subdivided building known as Scott Tower Condominium ("Scott Tower"). R1 is established under the Strata Management Act 2013 (" SMA "). A JMB is a body corporate established under s 17(1) of the . It comprises of the developer and the purchasers of the parcel units in the development.

[4] R2 is a bank. R1's maintenance account and sinking fund account for Scott Tower, which it holds under the SMA , is maintained at R2.

[5] R1 was appointed to provide building management services for Scott Tower by building managing agent Meridian Inc Berhad ("D1") and Cemerlang Land Sdn Bhd ("D2") on 7 January 2015. On 7 October 2017, R1 took over the ma