The renting of accessory parcels independently from the main parcel violates the Strata Titles Act 1985, rendering such dealings illegal.

[1] There are two related appeals before us, namely:

(i) W-02(NCVC)(W)-138-2018 (Appeal 138); and

(ii) W-02(NCVC)(W)-151-2018 (Appeal 151).

Both appeals 138 and 151 arose from one suit in the High Court, which is Civil Suit 22 NCVC-756-11-2016. In this judgment, parties will be referred to, as they were in the High Court.

[2] Appeal 138 is the appeal by the 1st defendant (D1) whilst Appeal 151 is the appeal by the 2nd defendant (D2). Both defendants appeal against the whole of the High Court's decision which allowed the plaintiff's claim, after full trial, namely:

(a) A declaration that the 40 sale and purchase agreements between D2 and D1 dated 7 December 2005 only insofar as the sale of the said 394 accessory parcels by D2 to D1 and any further transfers (if any) are invalid and unenforceable;

(b) An order that the Registrar of Land Titles Selangor and/or the Director General of Land and Mines Selangor and/or the Land Administrator and/or the authority concerned to cancel the entry of the said 394 accessory parcels from the strata titles plan and the strata titles and that the said 394 accessory parcels are common properties owned and controlled by the plaintiff.

(c) A declaration that 213 units of car parks in Palm Spring Condominium @ Damansara known as A588, A589, A590, A591, A593, A594, A595, A612, A613. A614, A615, A616, A617, A618, A619, A620, A621, A622, A623, A624, A625, A626, A627, A739, A740, A741, A742, A743, A744, A745, A746, A731, A732, A733, A734, A735, A736, A737, A738, A723, A724, A725, A726, A727, A728, A729, A730, A712, A713, A717, A718, A719, A720, A721, A722, A707, A708, A709, A710, A711, A660, A661, A662, A652, A653, A654, A655, A656, A657, A658, A659, A644, A645, A646, A647, A648, A649, A650, A651, A628, A629, A630, A631, A632, A633, A634, A635, A747, A748, A749, A750, A751, A494, A495, A496, A497, A498, A499, A500, A501, A502, A503, A504, A505, A506, A507, A508, A509, A566, A567, A568, A569, A570, A571, A572, A558, A559, A560, A561, A562, A563, A564, A565, A580, A581, A582, A583, A584, A585, A550, A551, A552, A553, A554, A555, A556, A557, A542, A543, A544, A545, A546, A547, A548, A549, A534, A535, A536, A537, A538, A539, A540, A541, A526, A527, A528, A529, A530, A531, A532, A533, A518, A519, A520, A521, A522, A523, A524, A525, A510, A511, A512, A513, A514, A515, A516, A517, A714, A715, A716, A573, A574, A575, A576, A577, A578, A579, A586, A587, A596, A597, A598, A599, A600, A601, A602, A603, A604, A605, A606, A607, A608, A609, A610, A611, A636, A637, A638, A639, A640, A641, A642, A643 are held under Title PN 26623, Lot 44938, Pekan Baru Sungai Buloh, Daerah Petaling, Negeri Selangor and/or from the units taken, are the Condominium Visitors' Car Park and are common properties owned and controlled by the plaintiff and vested in the plaintiff;

(d) A declaration that the defendants are not entitled to any rental collection for the car parks in Palm Spring Condominium @ Damansara including the 394 accessory parcels;

(e) A perpetual prohibitory injunction against D1 and D2 to refrain and/or prohibit D1 and D2, through themselves or their directors, employees or representatives or others, from taking any action in rental collection or other profits from any of the car parks in Palm Spring Condominium @ Damansara including the 394 accessory parcels;

(f) Taking of accounts, as at the date of the judgment, to be assessed by the Court for all rentals or profits collected and/or have been collected by D1 and/or D2 and/or agent or employee or nominee of D1 and/or D2 for any of the car park in Palm Spring Condominium @ Damansara including the 394 accessory parcels wherein the Directors of D1 and/or D2 respectively shall affirm, file and serve to the solicitors of the plaintiff, an affidavit stating all the rentals or profits which have been collected by the defe