HIGH COURT MALAYA KUALA LUMPUR
PERBADANAN PENGURUSAN DIAMOND F & ORS – Appellant
Versus
PESURUHANJAYA BANGUNAN KUALA LUMPUR & ANOR; PERBADANAN PENG.... – Respondent
JUDGMENT
Introduction
[1] The main subject matter of this case is the scope of power of a Commissioner of Buildings appointed under s 4(1) of the Strata Management Act 2013. The Plaintiffs have filed this action to seek declarations regarding the power of the Commissioner of Buildings of Kuala Lumpur (the 1st Defendant) and for consequential orders against the 2nd Defendant.
[2] After reading the cause papers and hearing lengthy submissions of learned counsel for all the parties, including submissions by learned counsel for the Interveners, I find that the power of the Commissioner of Buildings is circumscribed by the Strata Management Act 2013. Based on the facts of this case, the five declarations that this Court has issued, pursuant to prayer (8) of the Originating Summons for such further and/or other order or relief which this Court deems fit and fair, are summed up as follows:
(1) A declaration that the 1st Defendant Commissioner of Buildings of Kuala Lumpur is to rely on:
(i) the documents filed by the strata management committee of the 1st Plaintiff Diamond F Management Corporation pursuant to para 7(8) of the Second Schedule of the Strata Management Act 2013
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