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COURT OF APPEAL PUTRAJAYA
PARK ACCESS SDN BHD & ORS – Appellant
Versus
BADAN PENGURUSAN BERSAMA PRIMA AVENUE DAN DPCC FASA 1 (BLOK G H I) & .... – Respondent
| Table of Content |
|---|
| 1. multiple appeals concerning the status of property management. (Para 1 , 2) |
| 2. summary of ownership and roles of plaintiff and defendants. (Para 3 , 4 , 5 , 6 , 10) |
| 3. details of parties involved and claims asserted. (Para 9) |
| 4. arguments regarding the claim and applications to strike out. (Para 11 , 12 , 32) |
| 5. court's decision regarding locus standi and proprietary rights. (Para 15) |
| 6. legal status transition from joint management body to management corporation. (Para 20 , 31) |
[1] There were 4 Appeals heard together before this Court on 13 February 2018, namely:-
(1) Appeal No 1, ie W-02(IM)(NCVC)-1857-10/2016;
(2) Appeal No 2, ie W-02(IM)(NCVC)-1859-10/2016;
(3) Appeal No 3, ie W-02(IM)(NCVC)-1860-10/2016; and
(4) Appeal No 4, ie W-02(IM)(NCVC)-1861-10/2016.
[2] For ease of reference, the parties in this Judgment will be referred to according to the parties in the suit in the High Court.
Background Facts
The Parties
[3] The Plaintiff is Badan Pengurusan Bersama Avenue and DPCC Phase 1 (Blocks G, H, I). It is the Joint Management Body ("JMB") for Dataran Prima Phase 1 ("1st development") and Prima Avenue ("2nd development") (both referred to as "the 2 developments"). The Pla
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