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HIGH COURT MALAYA SHAH ALAM
CASA VENICIA JOINT MANAGEMENT BODY – Appellant
Versus
IDEAL HEIGHTS PROPERTIES SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. claiming title to common property. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. developer's ownership and redevelopment proposal. (Para 9 , 10 , 11 , 12) |
| 3. locus standi of the plaintiff under sma. (Para 13 , 22 , 23 , 24) |
| 4. management corporation and title ownership. (Para 25 , 26 , 28) |
| 5. sub-division and registration of titles. (Para 29 , 30 , 31 , 32 , 33) |
| 6. definitions of common property. (Para 34 , 35 , 36 , 37 , 38) |
| 7. fraudulent misrepresentation in property claims. (Para 39 , 40 , 41 , 42) |
| 8. validity of agreements regarding property rights. (Para 43 , 46 , 47) |
| 9. rights of purchasers to use clubhouse. (Para 50 , 52 , 53) |
| 10. final judgment and orders. (Para 55) |
Introduction
[1] In this action, the Casa Venicia Joint Management Body ("Plaintiff") invoked s 143(2) of the Strata Management Act 2013 (" SMA ") to sue the 1st Defendant ("Developer") on behalf of some or all parcel owners in the strata development, essentially to claim title to land on which the Developer had constructed a clubhouse and facilities ("Clubhouse"), on grounds that the Clubhouse is part of the common property of the strata development.
[2] The problem is that
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