WAWASAN RAYA (M) SDN BHD & ANOR v. MARC SERVICE RESIDENCE MANAGEMENT CORPORATION

[2025] 4 MLRA 1
Court of Appeal, Putrajaya
See Mee Chun, Lim Chong Fong, Wong Kian Kheong JJCA
[Civil Appeal No: W-02(NCVC)(W)-719-04-2023]
See Mee Chun, Lim Chong Fong, Wong Kian Kheong JJCA

JUDGMENT

Wong Kian Kheong JCA:

A. Two Novel Questions

[1] This judgment raises two novel issues, namely-

(1) whether the "management corporation" (MC) [as defined in s 2 of the Strata Management Act 2013 (SMA)] of a "development area" (as understood in s 2 SMA) can prohibit "Short Term Rental' (STR) of "parcels" (within the meaning of s 2 SMA) in the development area; and

(2) can a court on its own motion strike out a counterclaim by a defendant under O 18 r 19(1) of the Rules of Court 2012 (RC). This question also concerns the application of the two rules of natural justice.

[2] I had forwarded a draft of this judgment (Draft) to See Mee Chun and Lim Chong Fong JJCA. Both my learned sister and brother had expressed their agreement with the Draft.

B. Background

[3] We shall refer to the parties as they were in the High Court.

[4] The plaintiff (Plaintiff) is the MC of a development area known as "MARC Service Residence" (Apartment).

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