JUDGMENT

Wong Kian Kheong J:

(Four Striking Out Applications)

A. Introduction

[1] This judgment concerns four applications to strike out the above two suits (2 Suits) filed by a "Joint Management Body" (JMB) of a "subdivided building" (4 Applications).

[2] These 4 Applications raise the following two questions:

(1) whether a JMB has a duty and/or power under s 21(1)(i) and/or (2)(h) of the Strata Management Act 2013 ( SMA ) to continue the 2 Suits when a Management Corporation (MC) comes into existence pursuant to s 17(3) of the Strata Titles Act 1985 ( STA ) but the first annual general meeting of the MC [1st AGM (MC)] has yet to be convened. In this regard, the following matters will be discussed:

(a) the Federal Court's judgment delivered by Arifin Zakaria CJ in Palm Spring Joint Management Body & Anor v. Muafakat Kekal Sdn Bhd & Anor, [2016] 2 MLJ 191 (Palm Spring);

(b) Yeoh Wee Siam JCA's decision in the Court of Appeal case of Park Access Sdn Bhd & Ors v. Badan Pengurusan Bersama Prima Avenue Dan DPCC Fasa 1 (Blok G, H, I), [2018] 8 AMR 448 (Prima Avenue); and

(c) whether the Court should adopt a purposive interpretation of the Building and Common Property (Maintenance and Manageme