JUDGMENT
Introduction
[1] There are two appeals before us, namely Appeal No W-02(NCVC)(A)-1323-07/2022 ("Appeal 1323") and Appeal No W02(NCVC)(A)-1389-07/2022 ("Appeal 1389").
[2] The respective appellants in both the appeals were the respondents in an Originating Summons filed by the 1st respondent in both the appeals via suit No WA-24NCVC-2452-12/2020 ("the OS action"). In the OS action, two questions of law were posed before the High Court for determination. The two questions of law were as follows:
"Whether on the true construction of the provisions of the Strata Management Act 2013 ("SMA"), the Strata Titles Act 1985 ("STA"), the Housing Development (Control & Licensing) Act 1966, the Housing Development (Control And Licensing) Regulations 1989, in particular, Schedule H as prescribed in reg 11:
(a) the determination of and imposition of the different rates of maintenance charges and contribution to the sinking fund between apartment parcels and commercial parcels by the 1st respondent as the developer of Pearl Suria is valid in law; and
(b) the determination of different rates of the maintenance charges and contribution to the sinking fund by the 3rd respondent as the management corporation of Pearl Suria is valid in law?"
[3] On 23 June 2022, the learned High Court Judge answered both the questions of law (a) and (b) in the negative. Consequently, the learned High Court Judge granted an order to the effect that all parcel owners of residential and commercial parcels have to pay the same rates of charges for the payments of maintenance charges and contribution to the sinking fund in the development. Salient Facts
The Parties
[4] Aikbee Timbers Sdn Bhd ("the Developer") was the 1st respondent in the OS action. The Developer is the owner and developer of an integrated development project known as PEARL SURIA - MENARA PEARL POINT 2 ("the development").