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 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to the Respondent based on the rates of maintenance fees and sinking fund fixed under the purported Resolution shall be withdrawn by the Respondent or shall be null and void ab initio;

(e) an order that all judgments including judgments from any tribunal for 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 shall be null and void ab initio;

(f) an order that the Applicant is allowed to apply for any consequential orders necessary to enforce the declarations and orders above; and

(g) general damages.

[2] After having considered the cause papers and submissions of the parties, I was persuaded to answer the issues raised in relation to encl. 1 in favour of the Respondent. Hence, on 3 July 2025, the application was dismissed.

[3] The Applicant is aggrieved by my decision. These are my full grounds of judgment.

The Cause Papers

[4] Apart from the O.S., the cause papers are as follows:

(a) the Applicant's Affidavit in Support ('AIS') affirmed by Datuk Mohamed Roslan Bin Mohamed Shariff on 5 February 2025 (encl 2);

(b) the Respondent's Affidavit in Reply ('AIR') affirmed by Tuan Haji Aishamuddin Bin Zulkefli on 4 March 2025 (encl 7);

(c) the Applicant's AIR affirmed by the same deponent on 20 March 2025 (encl 8); and

(d) the Respondent's Corrective AIR affirmed by the same deponent on 24 March 2025 (encl 9, to which the Applicant raised no objections).

Background Facts

[5] The following are the background facts of the case as set out in the Applicant's Written Submissions (encl 11).

[6] The Applicant is the developer and owner of all parking lots in Lingkaran Maju, namely at Basement 3, Lower Ground 2, Lower Ground 1 and Ground Floor.

[7] The Applicant is responsible to pay the maintenance fees and sinking fund for all the parking lots owned by itself and the retail units which vacant possession has yet to be delivered to the Respondent.

[8] The Respondent is the Joint Management Body ('JMB') which is responsible under the Strata Management Act 2013 [Act 757] ('SMA 2013') to maintain the Lingkaran Maju lots. This includes the duty to collect the maintenance charges or fees and contribution to the sinking fund ('MCSF') from the owners of the Lingkaran Maju lot ('Owners') according to their unit of shares.

[9] Based on subsections 17(1), 18(1) and 19(1) of the SMA 2013, the Respondent held its First AGM on 25 August 2017 at Golden Eagle Hall, South Lake Residence, No. 1, Bandar Tasik Selatan, 57100 Kuala Lumpur ('First AGM').

[10] Under para 19(1)(c) of the SMA 2013, among the agenda for the First AGM of the JMB is to determine the rates of the MCSF to be paid by th