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2024 MarsdenLR 789

HIGH COURT MALAYA MELAKA
JEURO DEVELOPMENTS SDN BHD & ANOR – Appellant
Versus
BADAN PENGURUSAN BERSAMA KONDOMINIUM LAGENDA & ORS – Respondent


Petitioner Advocates:Nizam Bashir ,Respondent Advocate: N Gunalan

JUDGMENT

Mohd Radzi Abdul Hamid J:

Matter Before This Court

[1] This is a decision at the end of a full trial on a claim instituted by the Plaintiffs against all Defendants arising from issues related to the transfer of monies from the 2nd Plaintiff ('LMC') to the 1st Defendant and the functions and duties of the 1st Defendant as the Joint Management Body of a property known as Kondominium Lagenda ('Lagenda'). This decision also relates to the Counterclaim instituted by all the Defendants against the Plaintiffs and one, Eng Song Huat who was at the material time a Director of the 1st Plaintiff ('Jeuro').

The Claim And Counterclaim

[2] Based on the Statement of Claim, the Plaintiffs' claim essentially rests on a claim that the 2nd to 5th Defendants who were Directors of LMC at the material time and also members of the Joint Management Committee of the Joint Management Body, Badan Pengurusan Bersama Kondominium Lagenda ('JMB') had wrongfully caused LMC to transfer to JMB the amount of RM438,945.00 being maintenance charges collected by LMC as the management corporation appointed by Jeuro. It is both the Plaintiffs' claim that those monies belonged to Jeuro and therefore those monies shoul

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