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HIGH COURT MALAYA PENANG
PERBADANAN PENGURUSAN TAMAN BUKIT BENDERA BLOCK 422 – Appellant
Versus
SINCERE CONCEPT SDN BHD (IN LIQUIDATION) & OR.... – Respondent
| Table of Content |
|---|
| 1. ownership of property and beneficial rights. (Para 1 , 2 , 3) |
| 2. nature of common property and access rights. (Para 4 , 5 , 6) |
| 3. title claims arising from statutory obligations. (Para 7 , 8 , 9 , 10) |
| 4. assessment of valid transactions in property agreements. (Para 11 , 12 , 13) |
| 5. constructive trusts and equitable ownership. (Para 14 , 15 , 16) |
| 6. limitations and enforcement of ownership rights. (Para 17 , 18 , 19) |
| 7. jurisdictional and definitional considerations. (Para 20 , 21 , 22) |
| 8. consequences of unlawful property accessorization. (Para 80 , 81 , 82 , 83) |
Introduction
[1] This Court made these Orders at the conclusion of the trial in favour of the plaintiff. Aggrieved by the decision, the 3rd and 5th defendants have lodged an appeal to the Court of Appeal.
(1) A declaration that all parking bays held under the following land titles, as accessory parcels, are beneficially owned by the plaintiff and form part of the common property of Taman Bukit Bendera:
(i) Geran 73849/M 1/1/35, Daerah Timur Laut, Bandar Air Itam, s 1 Lot 1438, Negeri Pulau Pinang; and
(ii) Geran 73849/M 1/1/70, Daerah Timur Laut, Bandar Air Itam, s 1 Lot 1438, Negeri Pulau Pinang;
(2
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