JUDGMENT

Gunalan Muniandy JCA:

Introduction

[1] The present action commenced by the appellant/plaintiff against the respondents/defendants ('R1 & R2') by Originating Summons ('OS') was dismissed with no order as to costs. In essence, the OS was to set aside the decision of the Energy Commission ('EC') affecting the appellant which decision was alleged to be ultra vires the Strata Management Act , 2013 (' SMA ').

[2] The above OS was pursuant to the Gas Supply Act 1993; the Gas Supply Regulations, 1997; O 28, Rules of , 2012 ('ROC') and the Courts of Judicature Act, 1964.

Background Facts

[3] The appellant is a Management Corporation ("MC") established under the Strata Titles Act 1985 having an address for service at Level G2, Block D1, Solaris Dutamas, No 1, Jalan Dutamas 1, 50480 Kuala Lumpur.

[4] The 1st respondent is a statutory body established under the Energy Commission Act 2001 and is responsible for regulating the energy sector, specifically the electricity and piped gas supply industries, in Peninsular Malaysia and Sabah.

[5] The 2nd respondent is a public listed company with an address for service at No 5 Jalan Serendah 26/17, Seksyen 26, 40732 Shah Alam, Selangor Darul Ehsan.