JUDGMENT

Abu Bakar Jais JCA:

Introduction

[1] The dispute in this case is about who has the right to some car parks. The High Court decided these car parks as common property where the respondent has the right to ownership and therefore the right to manage. Aggrieved by the decision of the High Court ("HC"), the appellant came before us for the appeal against that decision.

Background Facts

[2] The appellant is a housing developer and the respondent is a joint management body. The appellant developed 6 blocks of condominiums ("the development") known as Bukit OUG Condominium, comprising 1,536 residential parcels and 74 commercial parcels. Dewan Bandaraya Kuala Lumpur approved the building plans and layout plans for the appellant. The respondent is entrusted to manage the common property of the development.

[3] The development was completed in stages and vacant possession was delivered for the residential parcels.

[4] The appellant was subsequently wound-up. Liquidators were then appointed for the appellant.

[5] The liquidators conducted an audit exercise with the parcel owners of the development and found 149 surplus and unaccounted car parks.

[6] In order to realise the appellant's assets,