Hashim Hamzah JCA:

Introduction

[1] This is the Appellant's appeal against a part of the decision of the High Court of Malaya at Pulau Pinang, which was delivered on 12 September 2019.

Background Facts

[2] Briefly, the facts in the present case are as follows.

[3] One Tanjong Condominium ("OTC") is a high-rise residential condominium consisting of two 41-storey towers (Tower A and Tower B). It features 173 residential units along with an interconnected five-storey podium that accommodates common facilities such as a swimming pool, gymnasium, and car parks. The OTC was developed by the Respondent.

[4] On 16 June 2014, the Certificate of Fitness for Occupation (Sijil Kelayakan Menduduki) ("CF") for Tower B and the common properties was issued. Meanwhile, for Tower A, the CF was issued on 13 April 2015. Vacant possession of the respective units was delivered to the relevant purchasers. The defect liability period for Tower B and Tower A expired on 16 June 2016 and 13 April 2017, respectively.

[5] The Joint Management Body of OTC ("JMB") was established on 8 June 2016, whereas the Appellant was established on 24 October 2016. The maintenance and management of the common property at OT