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Cases

WAWASAN RAYA (M) SDN BHD & ANOR v. MARC SERVICE RESIDENCE MANAGEMENT CORPORATION
Court of Appeal, Putrajaya
See Mee Chun, Lim Chong Fong, Wong Kian Kheong JJCA
[Civil Appeal No: W-02(NCVC)(W)-719-04-2023]
9 April 2025
[2025] 4 MLRA 1

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.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
Award No: 515 of 2016 [Case No: 16/4-157/15]
27 April 2016 [+]
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