JUDGMENT

Norsharidah Awang J:

Introduction

[1] This is the Plaintiff's application vide Originating Summons No. AA-24NCvC-377-08/2023. The Plaintiff, Kinta Ecocity Sdn Bhd, is the developer of a housing project known as Grand Retreats at Bandar Baru Sri Klebang, Chemor, Perak. The Defendant is the Grand Retreats Residents' Association (RA), registered with the Registrar of Societies in 2015 to represent the residents of the said project.

[2] The Plaintiff seeks declarations and orders as to the rightful recipient of the sinking fund collected pursuant to the Deed of Mutual Covenant ("DMC"), namely whether it should be returned to the defendant as the RA or to the individual purchasers, together with liberty for the plaintiff to set-off outstanding arrears of service charges prior to disbursement.

Brief Facts

[3] The Plaintiff, as developer, entered into Sale and Purchase Agreements with the purchasers of Grand Retreats. Alongside these agreements, the plaintiff also entered the DMC with purchasers.

[4] Under the DMC, the plaintiff was authorised to provide security and related services for Grand Retreats. For this purpose, the plaintiff collected monthly service charges and contributions