JUDGMENT

(Court Enclosure No 354)

Wong Kian Kheong JCA:

A. Introduction

[1] This judgment discusses a novel issue of whether in the midst of a trial of a suit filed by a Joint Management Body (JMB) of a "development area" (Development Area) [as understood in s 2 of the Strata Management Act 2013 ( SMA )] against the developer of the Development Area, upon the subsequent establishment of the management corporation (MC) of the Development Area, can the MC apply to Court for, among others, leave to intervene as the 2nd plaintiff in the suit? This question depends on an interpretation of ss 21(1)(a), (e), (i), (2)(c), (e) to (h), 28(2), 59(1)(a), (i), (2)(j) and (7) read with ss 17B(1) and 73 of the Strata Titles Act 1985 ( STA ).

B. Background

[2] In this case, the plaintiff is the JMB of a Development Area in Ara Damansara, Selangor known as "Aragreens Residences" [JMB (Aragreens Residences)].

[3] The JMB (Aragreens Residences) had filed this suit (This Suit) against the developer of Aragreens Residences (Defendant). The Defendant is now under a voluntary winding up and is represented by its liquidator (Liquidator).

[4] In This Suit, the JMB (Aragreens Residences) had alleged that the De