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2020 MarsdenLR 1235

HIGH COURT MALAYA PULAU PINANG
PERBADANAN PENGURUSAN SUNRISE TOWERS – Appellant
Versus
TRIBUNAL PENGURUSAN STRATA & ANOR – Respondent


Petitioner Advocates:Khaw Vern Szu ,Respondent Advocate: Dato' Brijnandan Singh Gurcharan Singh

JUDGMENT

Amarjeet Singh Serjit Singh JC:

Introduction

[1] This is an application for judicial review by the Management Corporation of Sunrise Towers ("the applicant") to quash the award of the Strata Management Tribunal ("the tribunal") made on 20 June 2019 dismissing its claim to recover statutory payments due from the 2nd Respondent, a proprietor of one of the parcels of Sunrise Towers ("the proprietor") pursuant to sub-section 78(2) of the Strata Management Act 2013 ("the Act").

[2] On 7 September 2020 I dismissed the application with costs. My reasons for the decision are as follows.

Background

[3] The proprietor is the owner of the parcel known as No 218-17, Sunrise Towers, Persiaran Gurney, Penang ("the parcel"). The applicant alleged that it had served the statutory notice of demand under Form 20 on the proprietor demanding payment for outstanding accumulated service charges, contribution to the sinking fund, quit rent, insurance and late payment interest (collectively referred to as the "management charges") pursuant to s 78(1) of the Act. The proprietor had failed to make any payment as demanded within the period specified in the Form 20. The failure led to the applicant filin


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