JUDGMENT

Indra Nehru Savandiah J:

Introduction

[1] The plaintiff, a Management Corporation established under the Strata Titles Act 1985, is claiming statutory charges of RM4,252,203.37 from the defendant as of 31 October 2019.

[2] These charges include outstanding maintenance and sinking fund contributions, as well as late payment interest from the defendant, who owns several parcels and car park bays in 3 Two Square.

[3] The plaintiff's claim was dismissed with costs of RM20,000.00.

[4] Therefore, this appeal has been lodged.

Background Facts

[5] 3 Two Square is a commercial development in Petaling Jaya, Selangor, comprising six blocks labelled A to F. The project features office suites, retail spaces, and a 16-storey corporate tower called Block F — The Crest.

[6] The defendant is the developer of 3 Two Square and remains the registered owner of several parcels within the development as follows:

6.1. Thirteen shop lots in Block A;

6.2. All parcels (Parcel No M1-F/N3/254 to M1-F/15/267) within the 16-storey corporate tower known as Block F — The Crest (hereinafter referred to as Block F units);

6.3. There are 1,370 car parks at parcels B1, B2, LG1, and LG2 of 3 Two Square (hereinafter referred to as the Car Parks), which are accessory parcels to Parcel No M1-F/15/267 (hereinafter referred to as the Penthouse). The defendant operates and manages a car park facility or business within 3 Two Square.

[7] The defendant served as the managing agent from 3 August 2007 until 31 July 2012, with its services officially ending on 15 August 2012.

[8] The plaintiff's claim relates to unpaid maintenance and sinking fund charges, including late payment interest, for Block F Units and the Car Parks, amounting to RM4,751,805.52 as of 31 October 2019.

[9] The plaintiff's claim is founded on six groups of invoices covering the period from 16 August 2012 to 31 October 2019, as follows:

[10] On 20 November 2019, the plaintiff's solicitors issued a Form 20 Notice under the Strata Management Act 2013, demanding the payment of the outstanding charges from the defendant.

[11] Upon the filing of this suit, the defendant has made payments for the sum of RM499,602.15.

[12] The defendant has challenged the accuracy and validity of the plaintiff's claim, which will be examined in detail later in the grounds.

Issues To Be Tried

[13] Whether the defendant is liable for paying maintenance charges, sinking fund contributions, and late payment interest, totalling RM4,252,203.37 as of 31 October 2019, with late payment interest accruing until full settlement.

[14] Whether:

(a) The invoices for maintenance charges, sinking fund contributions, and late payment interest for Group A invoices are calculated per square foot;

(b) The imposition of a 10% late payment interest on the outstanding invoices issued by the plaintiff since August 2012;

(c) The imposition of maintenance charges and sinking fund contributions by the plaintiff on the accessory parcels at Levels B1, B2, LG1, and LG2, which are accessory to Parcel No M1-F/15/267; and

(d) The Form 20 Notice issued by the plaintiff was not served separately for the 17 parcels owned by the defendant

- are ultra vires or in breach of the provisions of the Building and Common Property (Maintenance and Management) Act 2007, Strata Titles Act 1985, and/or the Strata Management Act 2013, and consequently, are they considered defective, null, and void?

[15] Whether the plaintiff's act of applying the defendant's payment to set off other outstanding invoices results in the calculation of the outstanding maintenance charges, sinking fund contributions, and late payment interest being incorrect, wrong, or inaccurate.

[16] Are the utility charges and other charges (excluding maintenance charges and contributions to the sinking fund) included in the statement of account issued by the plaintiff to the defendant in breach of the provisions of the Building and Common Property (Maintenance and Management) Act 2007, the Strata Management Act 2013, and the Stra