Mohd Nazlan Mohd Ghazali JCA:

Introduction

[1] This is an appeal against the decision of the High Court which dismissed a judicial review application to quash the award of the Strata Management Tribunal - which included compelling the appellant developer to supply certain documents and information to a parcel owner, the second respondent in this appeal.

[2] Having examined the appeal records and considered the submissions of parties, we unanimously decided to allow the appeal principally by reason of the lack of jurisdiction of the Tribunal to make such an award. This judgment contains the full grounds for our decision.

Key Background Facts

[3] The appellant is the developer of the development project known as Infinity Tower ("the Project"). The first respondent is the Strata Management Tribunal ("the Tribunal") established under s 102 of the Strata Management Act 2013 ("the SMA 2013"). The second respondent company is the purchaser of two parcel units in Infinity Tower.

[4] The second respondent had filed a complaint against the appellant at the Tribunal under reg 6 of the Strata Management (Strata Management Tribunal) Regulations 2015. This was initiated by the second res