PENGHAKIMAN

Elaine Yap Chin Gaik JC:

Introduction

[1] In this Originating Summons, the Plaintiff seeks a declaration that the private caveat under Presentation No 43/2022 ("Private Caveat") on Strata Title No Geran 234503 M1-B/5/327 at Subang Square ("Property") was lodged by the Defendant wrongfully and without reasonable cause, damages to be assessed under s 329 of the National Land Code 1965 ("NLC") and other ancillary relief.

[2] The Defendant is the Management Corporation of Subang Square and had lodged the Private Caveat on account of alleged unpaid management charges totalling RM61,546.15. It claims to have had a caveatable interest by reason of this debt, and further alleges that the Plaintiff suffered no loss by its entry because his claim of a cancelled sale of the Property is bogus.

Background Facts

[3] The Plaintiff purchased the Property on 14 July 1999 from the developer that developed Subang Square in a joint venture with the landowner Majlis Bandaraya Petaling Jaya ("MBPJ"). On 8 February 2022, the Plaintiff wrote to the MBPJ to effect the transfer of title of the Property to him. MBPJ signed and returned the transfer forms

[4] On 4 February 2022, the Defendant commenced a