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2017 MarsdenLR 2783

HIGH COURT MALAYA KUALA LUMPUR
PERBADANAN PENGURUSAN MEGAN AVENUE 1 – Appellant
Versus
HARCHARAN S SIDHU & ANOR – Respondent


Table of Content
1. appellant's claim for outstanding charges. (Para 1 , 3 , 4 , 5 , 6)
2. identifying the case's foundational facts. (Para 2)
3. understanding the respondents' liability and defenses. (Para 7)
4. interpretation of 'proprietor' and its applicability. (Para 8)

[1] This is the appellant/plaintiff 's appeal from the decision of the Magistrate dismissing the appellant's claim with cost after full trial. This appeal deals with a novel and important question of whether a management corporation has a valid claim against persons who have purchased and occupied a parcel in a subdivided building but have yet to be registered as a proprietor on the strata title of the parcel.

[2] This court has concluded for the reasons stated in this Judgment that the Strata Management Act 2013 (" SMA 2013") read and construed together with the Strata Title Act 1985 (" STA 1985") applies to this case. As both counsel for the appellant and respondents were not able to refer to any case law relating to the question at hand, this court's decision is largely based on its interpretation of the relevant statutes as applied to the facts of this case.

Overview Of Facts And Claim

[3] The appellant's claim a

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