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COURT OF APPEAL PUTRAJAYA
MUAFAKAT KEKAL SDN BHD & ANOR – Appellant
Versus
PESURUHJAYA BANGUNAN MAJLIS BANDARAYA PETALING JAYA & ANOR – Respondent
| Table of Content |
|---|
| 1. plaintiffs' claims and defendants' counterclaims. (Para 12) |
| 2. high court's findings on estoppel and res judicata. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 3. issues brought before the appellate court. (Para 20 , 22) |
| 4. high court's factual findings and legal reasoning (Para 21) |
| 5. statutory framework of the management corporation. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 6. management duties during initial period. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 7. lawfulness and constitutionality of joint management body. (Para 40 , 41) |
| 8. arguments on the application of res judicata. (Para 42 , 43 , 44 , 45) |
| 9. appellate decision and order modifications. (Para 46 , 47) |
(f) interest;
(g) costs.
[12] The 1nd defendant, claiming that it was lawfully constituted, and pleading res judicata and estoppel, counterclaimed for the following reliefs:
(a) a declaration that the general meeting held on 11 September 2011 was valid and in accordance with Act 318;
(b) a declaration that the general meeting held on 15 October 2011 was null and void;
(c) a declaration that the 1nd defendant was a body lawfully established under Act 663;
(d) an order that any new account or
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