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HIGH COURT (MELAKA)
MOHD RADZI ABDUL HAMID, J


Advocates:
Nizam bin Bashir (Nizam Bashir & Assoc) for the plaintiffs.
N Gunalan (Gunalan & Assoc) for the first and fourth defendants.
Wendy Yeong (Micheal Chow) for the second and third defendants.
Donna Rayes Felix (Rayes & Assoc) for the fifth defendant.
Muhammad Farhan Mirza bin Azme (Sault Scott & Co) for the third defendant in the counterclaim.

Mohd Radzi Abdul Hamid J:

GROUNDS OF JUDGMENTMATTER BEFORE THIS COURT

[1]This is a decision at the end of a full trial on a claim instituted by the Plaintiffs against all Defendants arising from issues related to the transfer of monies from the 2nd Plaintiff (‘LMC’) to the 1st Defendant and the functions and duties of the First Defendant as the Joint Management Body of a property known as Kondominium Lagenda (‘Lagenda’). This decision also relates to the Counter Claim instituted by all the Defendants against the Plaintiffs and one, Eng Song Huat who was at the material time a Director of the 1st Plaintiff (‘Jeuro’).

[2]Based on the Statement of Claim, the Plaintiffs claim essentially rests on a claim that the 2nd to 5th Defendants who were Directors of LMC at the material time and also members of the Joint Management Committee of the Joint Management Body, Badan Pengurusan Bersama Kodominium Lagenda (‘JMB’) had wrongfully caused LMC to transfer to the JMB the amount of RM438,945.00 being maintenance charges collected by LMC as the management corporation appointed by the Jeuro. It is both the Plaintiffs’ claim that those monies belonged to Jeuro and therefore those monies should be ret

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