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HIGH COURT MALAYA MELAKA
CHEE WOOI CHI – Appellant
Versus
BADAN PENGURUSAN BERSAMA KONDOMINIUM RBC (RIVIERA BAY CONDOMINIUM) & ANOR – Respondent
| Table of Content |
|---|
| 1. judicial review application context. (Para 1 , 2 , 3) |
| 2. issues raised in the application. (Para 4 , 5) |
| 3. scope of judicial review discussed. (Para 6 , 7) |
| 4. maintenance charges calculation issues. (Para 8 , 9 , 10 , 11 , 12 , 18 , 19 , 22) |
| 5. incorrect allocation of share units. (Para 24 , 25 , 26 , 27) |
| 6. utilities charges collection controversy. (Para 31 , 32 , 33) |
| 7. insurance payments legality. (Para 38 , 41 , 43) |
| 8. conclusion and orders made. (Para 46 , 47) |
Matter Before This Court
[1] This is a decision on an application by the Applicant for judicial review against the decision of the Strata Management Tribunal on 22 May 2023 which directed the Applicant to pay the 1st Respondent a sum of RM55,796.31 with the cost of RM500.00 ("Application").
Background
[2] The Applicant is the parcel owner of unit 912 at Riviera Bay Condominium ("RBC"). The 1st Respondent is the Joint Management Body ("JMB") established under s 4 of the Building and Common Property (Maintenance and Management) Act 2007 ("BCPA"). Following the repeal of the BCPA, the 1st Respondent is deemed to have been established under s 17 of the Strata Management Act 2013 which to
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