HIGH COURT MALAYA GEORGETOWN
BADAN PENGURUSAN BERSAMA CENTRIO AVENUE – Appellant
Versus
TRIBUNAL PENGURUSAN STRATA & ANOR – Respondent
JUDGMENT
Introduction
[1] On 19 June 2024, the Applicant filed this application for judicial review. On 15 January 2025, I dismissed the judicial review application. Here are the grounds of my decision.
Background Facts
[2] The Applicant is the joint management body of Centrio Avenue. The 1st Respondent is the Strata Management Tribunal ("SMT"). The 2nd Respondent is a unit owner at Centrio Avenue.
[3] On 2 May 2023, a pipe burst caused water leakage at the 2nd Respondent's unit. It necessitated urgent repair work to be carried out ("repair pipe leakage work"). The 2nd Respondent had to pay a deposit of RM1,000.00 ("deposit") to the Applicant, before the repair pipe leakage work was permitted to be carried out.
[4] The 2nd Respondent instituted an action at the SMT to compel the Applicant to refund the deposit. The 2nd Respondent claims that the Applicant had forced her to pay the deposit. Notwithstanding that the nature of the repair work is merely to repair pipe leakage, which does not require payment of deposit.
[5] Nevertheless, the Applicant insisted that the deposit be paid before it would permit the repair pipe leakage work to commence. The 2nd Respondent had no ch
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