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HIGH COURT (KUALA LUMPUR)
HAYATUL AKMAL ABDUL AZIZ, J
Pavilion Summit Sdn Bhd & Ors – Appellant
Versus
Jaya One Management Corporation & Ors – Respondent


Advocates:
Wong Guo Bin (Zack Lim with him) (Izral & Partnership) for the plaintiffs.
Raymond Mah (Lesley Lim with him) (MahWeng Kwai & Assoc) for the first, 12th and 26th defendants.
Justin Voon (Lin Pei Sin with him) (Justin Voon Chooi & Wing) for the second, third and seventh defendants.

Hayatul Akmal Abdul Aziz J:

JUDGMENT

(ENCLOSURES 174, 195 AND 198)

PREFACE

[1]The 1st to 21st Plaintiffs (the Plaintiffs) are registered proprietors of parcels or individual units held under separate strata titles in Jaya One. The Plaintiffs claimed that they also represent 52 other registered proprietors of parcels held under separate strata titles (Jaya One parcel owners). Over the years, parties before this Court had been locked in legal conflict over issues affecting Jaya One concerning the determination and imposition of the rate of maintenance charges and sinking fund contributions from 2009 to date. It is alleged that all these years, the rate imposed is inequitable and not in conformity with the relevant legislation.

[2]Jaya One is a stratified mixed development, comprising serviced apartments, office towers, and retail units in Section 13, Petaling Jaya, Selangor. The mixed development was managed by Jaya One Joint Management Body (JMB), which was set up on 21.08.2009 at the 1st AGM of the JMB by the developer of Jaya One (D2: Tetap Tiara Sdn Bhd in this suit).

[3]The JMB, via its Joint Management Committee, managed Jaya One development for several years before setting up the Ma

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