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2025 MarsdenLR 2715

HIGH COURT SABAH & SARAWAK KOTA KINABALU
CARA KAYA SDN BHD – Appellant
Versus
EXCELRUN SDN BHD – Respondent


Petitioner Advocates:Norbert Yapp ,Respondent Advocate: Ariah Karim,Roger Chin

Table of Content
1. parties agreed on legal questions regarding use of parcel b (Para 3 , 4 , 5 , 10 , 11 , 12)
2. plaintiff's arguments about being a beneficial owner (Para 15 , 17 , 18)
3. trustee obligations and use rights in the spa (Para 20 , 22 , 24 , 27 , 29)
4. management corporation's binding obligations under spa (Para 30 , 32 , 33)
5. conclusion on the plaintiff's claims and costs (Para 43 , 44)
Lim Hock Leng J:

[1] Both parties agreed that their dispute could be determined by the Court on questions of law/construction of documents without a trial pursuant to O 14A of the Rules of Court 2012.

[2] These were the questions:

(i) whether the Plaintiff as purchaser of Parcel B within the Lintas Station building is legally entitled to change the use of Parcel B without the agreement and/or approval from the Defendant which is the interim manager of the common property of the Lintas Station building;

(ii) whether the Plaintiff as purchaser of Parcel B within the Lintas Station building is legally entitled to change the use of Parcel B without the agreement and/or approval from the Defendant which is the interim manager of the common property of the Lintas Station building; and

(iii) wheth

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