JUDGMENT

SM Komathy Suppiah JC:

Introduction

[1] The defendant purchased the whole of the 8th floor within an office complex on 1 August 2012. The management corporation subsequently discovered that the previous owner from whom the defendant had purchased the said property had not settled in full some charges levied on it. In this action, the management corporation, seeks to recover these charges from the defendant which included, service charges, quit rent, electricity and insurance premiums, amounting to RM1,810,304.71.

[2] The plaintiff's claim against the defendant is predicated on s 45(5) of the Strata Titles Act 1985 which renders the new owner statutorily liable for any unpaid charges of the previous owner as the successor in title. It provides:

"Any contribution levied under subsection (3) in respect of a parcel shall be due and payable on the passing of a resolution to that effect by the management corporation and in accordance with the terms of that resolution, and may be recovered as a debt from a proprietor of, or his successor in title to, the parcel."

The Application

[3] This is the defendant's application pursuant to to determine questions of law arising from the plaintiff