Indera Mohd Arief Emran Arifin JC:

[1] This case concerns the application of the Strata Title Management Act 2013 (Act 757) and the Strata Titles Act 1985 (Act 318).

A. Material Facts

[2] The material facts are as follows:-

2.1 The dispute arises out of the mixed development known as 1 Mont Kiara Development ("the Development") that was constructed on a single lot known as Lot 60493 and held under Geran 70251, Mukim Batu, Daerah Kuala Lumpur ("Lot 60493").

2.2 The Development is made of a (i) I-Zen Kiara II ("Kiara 2"), a 33-storey serviced apartment block containing residential parcels and commercial parcels; (ii) Menara 1 MK ("Menara 1 MK"), a 34-storey high office block containing premier office suites and office suites; (iii) Wisma Mont Kiara ("Wisma Kiara"), a 19-storey office block; and (iv) 1 Mont Kiara, a 4-storey retail mall and all basement and upper-level carparks.

2.3 The Management Corporation, the 1st Defendant, came into being on 5 December 2015 under s 56 of the Strata Management Act 2015. The duty of the Management Corporation ("MC") was, among others, to manage and maintain the subdivided building or land and the common property and keep it in a state of good