The court has the authority to extend time for actions mandated by statutes under exceptional circumstances where failure to do so may result in injustice.

[1] The issue that arises in this case is whether the Court has power under s 1(7) of the Strata Management Act 2013 ("the Act") read together with para 8 of the Schedule to the Courts of Judicature Act 1964 , to extend time and postpone the holding of a management corporation's Annual General Meeting ("AGM") which by virtue of para 10(2) of the Second Schedule to the Act, must be held by a specific date.

The Problem

[2] The plaintiff is the management corporation for an apartment building known as "Anjung Hijau Apartment" and its members were elected in an Annual General Meeting ("AGM") on 9 May 2015. During their tenure of office, numerous suits had been filed against them by a rival faction of the owners of units of the apartment and these legal proceedings are currently ongoing. The details of the suits are set out in the plaintiff's affidavit in support and they are not very material and it would suffice to say that the plaintiff is having very real issues with these rival factions. Hence, according to the plaintiff, it is only appropriate that the next AGM which had to be held by 8 August 2016 as per para 10(2) of the Second Schedule to the Act, be postponed until such time that the dust of conflict as evidenced by the spate of litigation, settles. The plaintiff was of the view that the defendant has extensive powers under the Act to oversee the running of management corporation for apartments. In view of the fact that the last day to hold the next AGM was on 8 August 2016, the plaintiff sent a letter dated 29 June 2016 to the defendant and requested for an adjournment of the holding of AGM. The plaintiff's letter reads as follows:-

"Date: 29 June 2016

BY HAND

DEWAN BANDARAYA KUALA LUMPUR (DBKL) Bahagian Pesuruhjaya Bangunan (COB)

Jabatan Penilaian Dan Pengurusan Harta

Tingkat 17, Bangunan TH Perdana

1001 Jalan Sultan Ismail

50250 Kuala Lumpur (Tel:03-26171000 Fax: 03-26937119)

(Attention: Mr. S. Ravennesan Kamarulzaman Bin Mat Salleh)

Dear Mr. S. Ravennesan. Kamarulzaman,

RE: 1. KUALA LUMPUR HIGH Court SUIT NO. WA-37G-26-05/2016(S-22NCVC-242-2010)

2. KUALA LUMPUR HIGH Court SUIT NO. WA-22NCVC-318-05/2016

3. KUALA LUMPUR SESSIONS Court SUIT NO. WA-53F-15-05/2016

4. KUALA LUMPUR SESSIONS Court SUIT NO. B53F-2-02/2015

5. REQUEST FOR POSTPONEMENT OF 2016 AGM OF PPAH

1. We refer to the above matter and wish to seek your approval to postpone the Annual General Meeting (AGM) of Perbadanan Pengurusan Anjung Hijau (PPAH) for year 2016 which is supposedly to be held latest by 8 August 2016 for the following reasons:

i. Members of the management council have been sued by owners in respect of matters pertaining to the management of Anjung Hijau and for the cases are pending in Court;

ii. Members of the management council will be required to attend and give evidence at the trial;

iii. It is vital for the members to have access to the management books and documents for the preparation of the Court cases;

iv. Members of the present management council have personal knowledge of the facts of the pending cases in Court some of which date back to 2011;

v. In particular there is a pending suit against Lai King Lung for the sum or RM650,000.00 in respect of a matter that took place in 2011; and

vi. The above Court actions involve PPAH against owners of Anjung Hijau.

2. In the event elections are held, owners who have cases against PPAH will stand for elections and strive to become council members. It would have a devastating effect on the pending cases in Court and jeopard