JUDGMENT

Nadzarin Wok Nordin JCA:

The Appeal

[1] This is an appeal against an Order of the High Court dated 5 July 2024 dismissing the Appellants' application in the Originating Summons dated 30 April 2021 ("OS") for inter alia:

a. a declaratory relief that the resolutions passed at the Summit Subang USJ General Meeting on 4 August 2018 ("4 August 2018 General Meeting") approving multiple rates be declared unlawful, null and void ab initio.

b. a declaration that all decisions made and/or resolutions passed at the Management Corporation's Annual General Meetings ("AGM") and Extraordinary General Meeting ("EGM") (including the following resolutions) respectively determining different rates of maintenance charges for different parcels in The Summit Subang USJ, are ultra vires the Strata Titles Act 1985 ("STA") and Strata Management Act 2013 ("SMA"), unlawful, null and void ab initio:

i. Resolution 4 passed at the Management Corporation's 1st AGM on 15 December 2012;

ii. Ordinary Resolution passed at the Management Corporation's EGM on 4 August 2018;

iii. Resolution 4 passed at the Management Corporation's 6th AGM on 24 August 2019; and

iv. Resolution 5 passed at the Management Corporation's 7th AGM on 15 August 2020.

c. a declaration that any proposed resolution determining different rates of maintenance charges for different parcels in The Summit Subang USJ passed at any AGM or EGM convened before this judgment is ultra vires the STA and SMA, unlawful, null and void ab initio;

d. a declaration that a single maintenance charges rate per share unit per month be imposed in proportion to the allocated share units for each parcel in The Summit Subang USJ for each respective management period as follows: