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2021 MarsdenLR 1662

HIGH COURT MALAYA SHAH ALAM
SCP ASSETS SDN BHD – Appellant
Versus
PERBADANAN PENGURUSAN PD2 – Respondent


JUDGMENT

Tee Geok Hock JC:

Introduction

[1] At times, a developer of a stratified development strategized its sale and marketing of strata parcels in the development which has the effect of maximising its profits from the development but which is not conducive to the peace and common well being of the parcel purchasers who become its successors-in-title in the parcels of the stratified development.

[2] The disputes in our present case, though being litigated between the Plaintiff-purchaser and the Defendant-management corporation, are inherited from the developer who sold the majority of the carparking bays in a high-rise strata commercial development separately to another legal entity who in turn sold the carparking bays to the Plaintiff-purchaser.

[3] In our present case, the developer sold all except one of the strata parcels in the high-rise commercial development without any car parking bay accessorised to the strata parcels and sold the great majority of the carparking bays separately as different parcels. The Plaintiff, who eventually bought the car parking bays from the developer's associate or affiliate company, is now embroiled in several litigations, including the present cas


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