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COURT OF APPEAL PUTRAJAYA
BADAN PENGURUSAN TIARA DUTA – Appellant
Versus
TIMEOUT RESOURCES SDN BHD – Respondent
| Table of Content |
|---|
| 1. facts about the parties and agreement. (Para 1 , 2 , 3 , 4) |
| 2. details of agreements between parties. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. issues arising from the agreements. (Para 12 , 13 , 14 , 15 , 16) |
| 4. claim and counterclaim outlined. (Para 17 , 18) |
The Parties
[1] The appellant is a Joint Management Body (JMB) incorporated under the Building and Common Property (Maintenance and Management) Act 2007 (the Act) which came into force on 12 April 2007. The appellant maintains and manages inter alia, the premises known as "Tiara Duta Clubhouse and Restaurant and Car Parks" (the premises) being common property in a condominium development known as Tiara Duta Condominium located at Persiaran Putra, Taman Putra Sulaiman, Ampang, Selangor (the property).
[2] The appellant has appointed a Joint Management Committee (JMC) to perform its duties and conduct business on its behalf. ( Section 11 (1) of the Act)
[3] To date, a Management Corporation has not been formed as less than 25% of the owners of the property have registered the transfer of the strata titles from the developer to themselves.
[4] The respondent is a company incorporated under the Compa
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