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2011 MarsdenLR 1804

HIGH COURT MALAYA, KUALA LUMPUR
HO CHRISTOPHER WEN JINN – Appellant
Versus
BERJAYA TIMES SQUARE SDN BHD – Respondent


Table of Content
1. nature and details of the commercial property (Para 1 , 2 , 3)
This is an odd case. The Applicant is the registered owner of a parcel of commercial premise of about 531 square feet identified as Parcel No. 03 - 43. This particular parcel is located on the 3rd floor of the Kuala Lumpur landmark known as Berjaya Times Square, which as is well-known among Kuala Lumpur residents at any rate, as a huge complex housing within it 15th floor of a shopping complex podium, a theme park and entertainment centre, and a lower ground shopping area. The Applicant's parcel of commercial premise is situated on the 3rd floor of the shopping complex podium. There cannot be any serious doubt, to put it mildly, that this particular parcel is not used or intended as a housing accommodation, as the term is ordinarily understood. It is, to use a more commonplace term, a shop lot. The strange legal issue that has been presented before this Court arises from the integrated nature of the complex, for it also includes within its cavernous area two blocks of 47 storey service suites, described as service apartments or condotels. The Applicant's parcel is not one of these obviously. Indeed in

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