COURT OF APPEAL PUTRAJAYA
YONG KEIN SIN & ANOR – Appellant
Versus
PERBADANAN PENGURUSAN SPRINGTIDE RESIDENCES & OTHER APPEALS – Respondent
| Table of Content |
|---|
| 1. overview of appeals and factual background. (Para 1 , 3 , 4 , 5 , 6 , 7 , 8) |
A. Introduction
[1] These three appeals (3 Appeals) emanated from three originating summonses (OS) disposed of together in the High Court. We heard together the 3 Appeals, namely-
(1) Civil Appeal No P-02(NCVC)(A)-2408-12-2022 (1st Appeal) had been filed by two co-proprietors of one parcel of Apartment No 8-27-1 [Appellants (1st Appeal)] in a "development area" known as Springtide Residences (Development Area) against the management corporation of the Development Area (MC);
(2) Civil Appeal No P-02(NCVC)(A)-234-02-2023 (2nd Appeal) had been filed by the same appellants in the 1st Appeal against the MC [Appellants (2nd Appeal)]; and
(3) Civil Appeal No P-02(NCVC)(A)-235-02-2023 (3rd Appeal) had been filed by owners of six parcels of apartments in the Development Area [Appellants (3rd Appeal)] against the MC.
[2] A draft copy of this judgment (Draft) had been previously forwarded to Che Mohd Ruzima Ghazali and Azhahari Kamal Ramli JJCA. Both my learned brothers had agreed with the Draft.
B. Background B(1). The 1st Appeal
[3] The Development Area consists of two tower blocks [
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