JUDGMENT

Faizah Jamaludin J:

Introduction

[1] This is an appeal by the Pesuruhjaya Bangunan Kawasan Pentadbiran Majlis Bandaraya Pulau Pinang, who is Commissioner of Buildings for the local authority area under the jurisdiction of Majlis Bandaraya Pulau Pinang ("appellant"/ "MBPP-COB") against part of the Order issued by the Pulau Pinang High Court on 3 April 2023 (the "Order") in Judicial Review Application No: PA-25-39-08/2022.

[2] The respondent is Perbadanan Pengurusan Mar Vista Resort. It is the management corporation of a subdivided building known as the Mar Vista Resort ("respondent"/ "Mar Vista MC"): it was formed under the Strata Titles Act 1985 (Act 318)("STA 1985"). The Mar Vista MC was the applicant in the judicial review proceeding before the Pulau Pinang High Court .

[3] The appellant is appealing against para (b) and (c) of the Order, where the High Court declared that the decisions made by the appellant in his letters dated 7 June 2022 ("Impugned Decision No. 1") and 30 June 2022 ("Impugned Decision No. 2") are invalid, not in accordance with the law and void. Paragraphs (b) and (c) of the Order are reproduced below:

b) Satu deklarasi bahawa keputusan Responden melal