Kenneth St James JC:

(Post-Trial)

Prelusion

[1] The subject development project is a mixed development. It has both Residential and Commercial components (parcels).

[2] At the 1st Annual General Meeting (AGM) of the development, the joint management body for the Residential component (JMB) was formed, and resolutions were passed for the JMB to open a Building Maintenance account and a Sinking Fund account for the Residential component of the development. The money paid into these accounts was exclusively for the maintenance and management of the Residential component's common property and facilities.

[3] It was also resolved at the 1st AGM that the Commercial component will have a separate maintenance account for the maintenance and management of the Commercial component's common property.

[4] The JMB files this suit to claim that the developer and the Commercial component owner pay the maintenance and sinking fund charges into the Residential component's Building Maintenance account and Sinking Fund account. The arrears amount to more than RM56 million. The JMB also seeks an Order that the developer and Commercial component owner deliver possession of the Commercial component's