Appeal 1326

[1] This appeal raises a short but an important and interesting point relating to the manner as to how provisions in a statute should be construed. The statute in question is the Building and Common Property (Maintenance and Management) Act 2007 ("BCPA 2007").

[2] The relevant factual context in which this dispute is premised on is simply this. The appellant was the developer of Kelana Square which comprised of commercial units and car parks. The respondent is the Joint Management Body of Kelana Square formed under the BCPA 2007.

[3] Upon the forming of the respondent, the appellant handed over to the same various facilities of the development to the respondent save and except the car parks. The reason for the exclusion of the car parks was that they had been excluded from the common property through the sales and purchase agreements of the commercial units in Kelana Square entered between the purchasers and the appellant around 1995. The appellant was then able to rent the car parks out back to the purchasers or third parties for a fee.

[4] The relevant provision of the sales and purchase agreements excluding the car parks is cl. 5.08 which reads a