JUDGMENT

Yeoh Wee Siam JCA:

Introduction

[1] There were 4 Appeals heard together before this Court on 13 February 2018, namely:-

(1) Appeal No 1, ie W-02(IM)(NCVC)-1857-10/2016;

(2) Appeal No 2, ie W-02(IM)(NCVC)-1859-10/2016;

(3) Appeal No 3, ie W-02(IM)(NCVC)-1860-10/2016; and

(4) Appeal No 4, ie W-02(IM)(NCVC)-1861-10/2016.

[2] For ease of reference, the parties in this Judgment will be referred to according to the parties in the suit in the High Court.

Background Facts

The Parties

[3] The Plaintiff is Badan Pengurusan Bersama Avenue and DPCC Phase 1 (Blocks G, H, I). It is the Joint Management Body ("JMB") for Dataran Prima Phase 1 ("1st development") and Prima Avenue ("2nd development") (both referred to as "the 2 developments"). The Plaintiff was established on 11 March 2012 under the Building and Common Property (Maintenance and Management) Act 2008 ("BCP Act").

[4] The 1st Defendant is Puncak Kencana Sdn Bhd. The 1st Defendant is the registered owner of the piece of land on which the 2 developments are constructed.

[5] The 2nd Defendant is Park Access Sdn Bhd. The 2nd Defendant is the owner of the 60 car park bays in the 1st development. The 2nd Defendant had purchased the 60 car park b