JUDGMENT

See Mee Chun J:

Introduction

[1] The Plaintiff had brought a claim against the Defendant for the payment of maintenance and service charges (charges) on a property to be referred to as Lot 88290 or the Lot for the amount of RM32,574.52.

[2] The Defendant filed an application to strike out the Plaintiff's writ and statement of claim pursuant to O 18 r 19(1) (b) and (d) of Rules of 2012 (RC 2012) which was allowed by the Magistrate Court.

[3] The Plaintiff appealed to the High Court which dismissed the appeal. This is the Plaintiff's appeal against the decision of the High Court.

Relevant Background Facts

[4] 24 October 2005: sale and purchase agreement of the Lot (1st S&P) between the Plaintiff as the vendor and Tey Peng Huat as the purchaser (Tey, 1st purchaser). Refer to exhibit MMA-1 in RR 86 to 116.

[5] 1 November 2010: sale and purchase agreement of the Lot (2nd S&P) between Tey as the vendor and Teraju Karisma Sdn Bhd as the purchaser (Teraju,2nd purchaser). The Plaintiff is named as the developer. Refer to exhibit MMA-2 in RR 117 to 138.

[6] 22 April 2011: sale and purchase agreement of the Lot (2011 S&P) between Teraju as the vendor and the Defendant as the purchaser. Refer