DECISION

Tee Geok Hock JC:

Introduction

[1] This Land Reference involves a very important question of law of wide implications to property owners and management corporations of strata developments in Malaysia.

[2] The question of law is whether, after having compensated the parcel owners of strata units for the market values of their respective strata units, the acquisition authority can acquire the common property in the same strata development in the same acquisition process without paying any value to the management corportion of the strata development.

[3] In our present land reference, the Land Aministrator has taken the position that the management corporation in such land acquisition scenario should not get any monetary compensation whatsoever for the common property in the strata development, whereas the Appellant (management corporation) has taken the position that it is entitled to a reasonable compensation for the common property in the strata development which has been acquired in the same process as the acquisition of the strata units in the same development.

[4] When this matter first came up for hearing and decision previously, this Court directed the parties to do further