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HIGH COURT MALAYA KUALA LUMPUR
SETAPAK RIA CONDOMINIUM JMB – Appellant
Versus
LOW KOON CHUAN & ORS – Respondent
| Table of Content |
|---|
| 1. monies collected by am-el were under dispute as trust property. (Para 1 , 2 , 12) |
| 2. judicial considerations on legal obligations under the management acts. (Para 4 , 5 , 10 , 34 , 35) |
| 3. the background and factual context of the jmb's claims against am-el. (Para 6) |
| 4. analysis of the relationship between payments and contracts with purchasers. (Para 40 , 96) |
| 5. developer’s obligations can’t be evaded by appointing a contractor. (Para 44 , 45 , 77) |
| 6. all claims by jmb and am-el dismissed as unestablished. (Para 102) |
[1] Setapak Ria Condominium ("SRC"), as its name describes, is a condominium development located at No 21, Jalan Mata Air 2, Off Jalan Genting Kelang, Setapak 53300 Kuala Lumpur. The development consists of 450 units of apartments. It also has a variety of facilities including several shop units, a club house, a swimming pool, sports and laundry facilities.
[2] This case concerns a claim by the Plaintiff for monies collected from purchasers of apartments in SRC ("Purchasers") by the developer of SRC and the 4th Defendant, in circumstances which it was alleged, also gives rise to liability on the part of the 1st, 2nd and 3rd Defendants.
[3] Pursuant to an ord
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