JUDGMENT

Aliza Sulaiman J:

Introduction

[1] On 5 February 2025, the Applicant filed the Originating Summons ('O.S.', encl 1) against the Respondent seeking for the following main reliefs:

(a) a declaration that the purported resolution made at the Annual General Meeting ('AGM') on 25 August 2017 or any other date(s) allowing or authorising the Respondent to charge a rate of maintenance fees and sinking fund pursuant to the Sale and Purchase Agreement ('SPA') of the owners of the Lingkaran Maju lots for each unit of shares for parking lots and retail units ('purported Resolution') is null and void ab initio;

(b) a declaration that any outstanding maintenance fees and sinking fund allegedly payable by the Applicant to the Respondent based on the rates of maintenance fees and sinking fund fixed under the purported Resolution are null and void ab initio;

(c) an order that all maintenance fees and sinking fund paid by the Applicant to the Respondent based on the rate of maintenance fees and sinking fund fixed under the purported Resolution shall be reimbursed to the Applicant by the Respondent;

(d) an order that all legal proceedings including legal actions in any tribunal for any outstanding