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2013 MarsdenLR 2177

COURT OF APPEAL, PUTRAJAYA
PERBADANAN PENGURUSAN ENDAH PARADE – Appellant
Versus
MAGNIFICIENT DIAGRAPH SDN BHD – Respondent


Table of Content
1. background facts on charges and parties. (Para 4 , 5 , 6)
2. court's analysis on the high court's interpretation of sta. (Para 7 , 8 , 9 , 11)
3. arguments presented by the appellant. (Para 18 , 19 , 22)
4. respondent's arguments against charges. (Para 24 , 25)
Mohamad Ariff Md Yusof JCA:

[1] Two appeals were before this court initially. Appeal No W-02 (NCVC)(W)- 1549-07-2012 is an action commenced by writ of summons, while Appeal No W-02-(NCVC)-1597-07-2012 is an originating summons action. We recorded an order by consent of the parties to remit the originating summons action back to the High court for retrial since we were of the opinion that this particular action had been dismissed without a proper hearing on the merits and thereby resulted in a mistrial. Thus, presently we are concerned only with the appeal in the writ action.

[2] The subject matter of this appeal concerns an interpretation of some important provisions in the Strata Titles Act 1985 (" STA "), a piece of legislation which has been argued before our courts in some detail only fairly recently with the setting up and the starting of operation of Management Corporations in sub-divided buildings under t

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