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HIGH COURT MALAYA PENANG
YONG KEIN SIN & ANOR – Appellant
Versus
PERBADANAN PENGURUSAN SPRINGTIDE RESIDENCES – Respondent
| Table of Content |
|---|
| 1. plaintiffs seek declaratory reliefs regarding legal fees. (Para 1 , 2 , 4) |
| 2. court discusses principles of res judicata and laches. (Para 5 , 6 , 8 , 9 , 12) |
| 3. jurisdiction to address smt claims is established by relevant statutes. (Para 14 , 59) |
| 4. management corporation affirmed to recover legal fees incurred. (Para 24 , 27 , 37) |
Introduction
[1] The Plaintiffs (collectively "P") are the registered co-parcel proprietors of No 8-27-1 Springtide Residences, No 8 Jalan Abbas, 11200 Tanjung Bungah, Penang.
[2] The Defendant ("D") is the management corporation of Springtide Residences, comprising of two tower blocks of 74 apartment units and three units of 4 storey landed villa (villa units).
[3] P filed this Originating Summons ("OS") to seek for certain declaratory reliefs against D. I dismissed the OS. Here are the grounds of my decision.
The Originating Summons
[4] Vide the OS, P prayed for the following:
(i) a declaration that the following by-law ("Said By-Law") passed at the 1st Annual General Meeting of D held on 26 April 2013 ("1st AGM") is ultra-vires and void under the Strata Management Act 2013 (" SMA 2013") and / or the Strata Manag
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