JUDGMENT

Azimah Omar JCA:

Introduction

[1] The Appeal before us is an appeal by the Appellant against the High Court 's decision allowing the Respondent's claims against the Appellant-Developer for numerous breaches of statutory duties of a Developer during the Developer Management Period (prior to the handover to the Respondent-Joint Management Body ("JMB") as well as after the Appellant's handover of the "development area" (Subang Parkhome Condominium) to the Respondent.

[2] It is plain and trite law that prior to the formation of the JMB (during the Deveolper Management Period) it is statutorily incumbent upon the Appellant-Developer to keep distinct accounts and collect maintenance fees as well as sinking fund charges from the parcel owners (and from the Developer itself in respect of unsold units).

[3] We are most aware that the Developer ought not be blamed or be burdened with outstanding maintenance fees or sinking fund charges remain unpaid by errant parcel purchasers. However, the facts of the Appeal before us is certainly a far cry from a typical case as the Appellant-Developer here had intentionally pledged to absorb and not collect (to omit) any maintenance fees or sinking