JUDGMENT

Elaine Yap Chin Gaik JC:

Introduction

[1] The Plaintiff is the developer of Taman Myra Meranti ("TMM") while the Defendant is the Residents Association for Phase 1 and Phase 2 of TMM comprising 84 houses. The Plaintiff sued the Defendant for denying its contractors entry to the access roads in Phases 1 and 2 to carry out horizontal directional drilling ("HDD") works to lay pipes as a prelude to cabling works by Tenaga Nasional Berhad ("TNB").

Background Facts

[2] Construction in Phases 1 and 2 had been completed earlier and Certificate of Completion and Compliance was achieved on 24 January 2020. However, the access roads within Phases 1 and 2 had not been surrendered to the local council pending completion of Phase 3 of TMM.

[3] The Defendant represented residents who had already received vacant possession of their properties in Phases 1 and 2 as at 8 March 2022 when the Defendant was first notified that HDD works were necessary to connect electricity supply from a TNB substation to newly completed shop houses in Phase 3 of TMM. The HDD and cable route had been planned along one of the access roads in Phases 1 and 2 ("Jalan MM2").

[4] The Plaintiff and Defendant were in email co