The court affirmed that the Commissioner of Buildings has the authority to grant adjournments for AGMs under the Strata Management Act.

Parties

[1] The Applicant is the management corporation of a condominium known as Mar Vista Resort. The Applicant has a management committee, whose members are elected at the Annual General Meeting ("AGM"). The management committee performs the management corporation's duties and conducts the management corporation's business on its behalf. For that purpose, the management committee exercises the powers of the management corporation.

[2] The Respondent is the Commissioner of Buildings of Majlis Bandaraya Pulau Pinang ("COB"), appointed under s 4(1) of the Strata Management Act 2013 (" SMA 2013").

[3] The four Interveners are parcel owners of Mar Vista Resort.

Introduction

[4] The judicial review application herein is centred on 4 decisions made by the Respondent, and communicated via the following letters:

(i) Letter dated 7 June 2022 ("Impugned Decision 1"), Wherein the Respondent stated that he is unable to grant the Applicant's request for an extension of time to convene the general meeting. As there are no provisions under the SMA 2013 which empowers the COB to allow a deferment of general meetings;

(ii) Letter dated 30 June 2022 ("Impugned Decision 2"). Wherein the Respondent once again stated that he is unable to grant the Applicant's request for an extension of time to convene the general meeting. As there are no provisions under the SMA 2013 which empowers the COB to allow a deferment of general meetings;

(iii) Letter dated 9 August 2022 ("3rd Decision"). Wherein the Respondent invited the parcel proprietors of Mar Vista Resort to furnish the name of a parcel proprietor to be appointed by the COB to convene an extraordinary genera! meeting ("EGM") of the Applicant. This was in exercise of the COB's power under para 11 (5)(a) of the Second Schedule to the SMA 2013; and

(iv) Letter dated 18 August 2022 ("4th Decision"). Wherein the Respondent stated that the AGM of the Applicant, scheduled on 4 September 2022, cannot proceed.

[5] The Impugned Decision 1, the Impugned Decision 2, the 3rd Decision and the 4th Decision in turn relates to the 8th Annual General Meeting ("8th AGM") of the management corporation of the Applicant, that was held on 22 May 2022.

Judicial Review Application

[6] In this judicial review application, the Applicant seeks the following reliefs:

(a) Order of certiorari to quash the 3rd Decision;

(b) Declarations that the Impugned Decision 1, the Impugned Decision 2 and the 4th Decision respectively are null and void;

(c) Declaration that Tan Sim Bee is the Chairperson of the meeting who has been validly appointed at the 8th AGM held on 22 May 2022; and

(d) Order that the Applicant shall convene its 8th AGM within 1 month from the date of this Order. And that such AGM shall be a continuation of the 8th AGM held on 22 May 2022, and not a fresh AGM.

[7] In essence, the Applicant seeks to challenge the Impugned Decision 1 and the Impugned Decision 2. Which stated that there are no provisions under the SMA 2013 which gave the Respondent the power to grant an adjournment of the 8th AGM.

[8] On 3 April 2023, I allowed the judicial review application. Here are the grounds of my decision.

Background Facts

[9] On 24 November 2019, during the 7th AGM of the Applicant, the current management committee of the Applicant was duly appointed ("Management Committee").

[10] Pursuant to para 10(2) of the Second Schedule to the SMA 2013, the 8th AGM of the Applicant should be held not more than 15 months from 24 November 2019 (being the date of the 7th AGM). Paragraph 10 of the Second Schedule to the 2013 reads:

"10. Annual ge