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