The Joint Management Body is limited by the Strata Management Act in determining maintenance charges, requiring collective decisions at a general meeting.

JUDGMENT

Quay Chew Soon J:

Introduction

[1] The Plaintiff ("P") filed an Originating Summons ("OS") to seek for certain declaratory reliefs against the Defendant ("D"). D in turn filed a counterclaim to seek for certain declaratory reliefs against P ("Counterclaim"). I did not allow P's claim. With respect to the Counterclaim, I allowed some but not all of the reliefs sought for by D. Here are the grounds of my decision.

Plaintiff's Originating Summons

[2]Vide the OS, P prayed for the following:

(i) A declaration that P is entitled to attend and vote at the Third Annual General Meeting of D which is scheduled to be held on 5 June 2022 ("3rd AGM");

(ii) An order that the duly elected Chairman of the 3rd AGM shall not prohibit or prevent P from casting its votes, and shall accept the votes of P in any motion or resolution proposed in the 3rd AGM;

(iii) Alternatively, in the event that this Originating Summons cannot be heard before 5 June 2022, an order that any Annual General Meeting held without the participation of P shall be null and void, of no effect and set-aside;

(iv) A declaration that the Notice of the 3rd AGM dated 12 May 2022 issued by D is irregular, and is therefore null and void;

(v) A declaration that the service of the Notice of the 3rd AGM dated 12 May 2022 issued by D is irregular;

(vi) A declaration that the motions deposited at the registered office of D on 10 May 2022 be included in the agenda of the next Annual General Meeting of D.

[3] The OS was filed by P on Friday 27 May 2022. The subject-matter of the OS is the 3rd AGM that is to be held on the following Sunday on 5 June 2022. As the scheduled date of the 3rd AGM is about a week or so after the filing of the OS, the OS might not be heard before the 3rd AGM takes place. This is recognised in prayer (iii) above of the OS, which contained an alternative prayer in the event that the OS cannot be heard before 5 June 2022. To wit, that any Annual General Meeting of D which is held without the participation of P be declared void.

[4] Anyway on Monday 30 May 2022, P filed an application for an interim injunction vide encl 5 ("Encl 5"). Encl 5 prayed for the following:

(a) D be restrained from holding the 3rd AGM;

(b) D and the duly elected Chairman of the 3rd AGM be restrained from prohibiting or preventing P from casting its votes, and shall accept the votes of P in any motion or resolution proposed in the 3rd AGM.

[5] Encl 5 was fixed for hearing before me on Wednesday 1 June 2022. At that hearing, P requested for an ad interim injunction while they file an affidavit in reply to the affidavit in opposition that had been filed by D. I declined to grant any ad interim injunction as that would have prevented the 3rd AGM from proceeding. Which is tantamount to granting the entire relief sought for by P in Encl 5. Instead, I directed that Encl 5 be heard and disposed of on Friday 3 June 2022 (ie before the 3rd AGM takes place on Sunday 5 June 2022).

[6] At the hearing of Encl 5 on 3 June 2022, I refused prayer (a) above. That is to say, I did not restrain D from holding the 3rd AGM. However, I allowed prayer (b) above. That is to say, I ordered that D and the duly elected Chairman of the 3rd AGM be restrained from prohibiting P from easting its votes at the 3rd AGM. I noted that prayers (a) and (b) above were alternative prayers. Prayer (b) kicks in only if prayer (a) is not granted. But if prayer (a) is granted, prayer (b) naturally falls away.

[7] Later on, I was informed that the 3rd AGM did not take place as scheduled on 5 June 2022. Instead, it was postponed by D to a date that has yet to be determined. Thus, when the OS came up for hearing before me on 26 October 2022, I considered that the reliefs sought for therein had been rendered academic. This is because all the prayers that were sought for in the OS were specifically in relation to the 3rd AGM that was to be held on 5 June 2022, which date had passed. The intitulement of the OS speaks of D's "Mesyuarat Agung Tahunan