1. ) City Properties Sdn. Bhd. v Badan Pengurusan Bersama Avenue K dan K Residence (WA-22NCvC-101-02/2025)

CITY PROPERTIES SDN BHD [NO. SYARIKAT: 16234-T]

KL LANDMARK SDN. BHD. [NO. SYARIKAT.: 621691-M]

LEONG LI NAR REALTY SDN. BHD. [NO. SYARIKAT.: 144327-T]

ANNE YAP SIM EE [NO. K/P: 800710-14-5534]

LEONG LI NAR [NO. K/P: 451010-13-5164]

M B PROPERTIES SDN BHD [NO. K/P: 198101012611 (78741-U)]

YAP YONG SEONG REALTY SDN BHD [NO. K/P: 32432-M] 23/07/2025 16:38:55

AMPLE PARAMOUNT SDN. BHD. [NO. SYARIKAT.: 599528-P] … PLAINTIF-PLAINTIF DAN BADAN PENGURUSAN BERSAMA AVENUE K DAN K RESIDENCE [JMB NO.: 965/2018] … DEFENDAN

The Plaintiffs’ in this case applied for an interim injunction to be allowed to vote and participate in any Annual General Meeting (“AGM”) conducted by the Defendant before the disposal of this suit. Brief facts

The Plaintiffs are unit holders of the property referred to as the K Avenue whereas the Defendant is the managing body of the said property.

The Plaintiffs’’ claim against the Defendant by way of this suit is to invalidate 3 previous AGM’s held by the Defendant which prevented the Plaintiffs’ from voting during the AGM, on the allegation that they had failed to pay the arrears of the charges due to from them.

The Plaintiff refusal to pay the charges was on the grounds that the charges were not calculated according to the law. The Plaintiffs’ in the present suit are seeking a declaration from the Court to direct the Defendants to impose the charges according to the law. Interim injunction

The granting of an interim injunction is at the discretion of the court. The discretion is to be exercised taking into account whether there is a bona fide serious issue to be tried, whether the balance of convenience lies in favor of the Plaintiffs’, where damages are an inadequate remedy and finally there must be an undertaking by the party seeking the interim injunction to pay damages in the event injunction is not justified. (See the case of American Cynamid Co. V Ethicon Ltd ]1975] a All ER 504; Keet Gerald Francia Noel John V Mohd Noor Abdullah & Ors [1995] 1 CLJ 293).

In this case the Court notes that the issue on the charges to be imposed is a valid and bona fide issue taking into account section 25(3) of the Strata Management Act 2013 which provides as follows:

The amount of the Charges to be paid under subsections

and (2) shall be determined by the joint management body from time to time in proportion to the allocated share units of each parcel.

In this case the charges imposed by the Defendant was on “per square feet” basis and not “the share units of each parcel” which the Plaintiffs’ contends contravenes the above provision.

In short, the balance of convenience is in favor of the plaintiffs and as the Plaintiffs are substantial unit holders of nearly 80 % their vote is not only necessary but relevant to determine the outcome of any resolutions passed at the AGM on the charges.

Therefore, in the Court’s view, in this case, granting of the interim mandatory injunction is justified and necessary.

In the upshot the Court allowed the Plaintiffs’ application with a cost of RM2,000. Dated: 21.7.2024 sgd DATO’ HAJI AKHTAR BIN TAHIR Judge High Court of Malaya, Kuala Lumpur PARTIES For the Plaintiff: Nama Peguamcara: Aimee Liew Saw Harn / Au Yong Wai Nyan / Clement Pang Chee Wei Nama Peguamcara: David Samuel & Sheena Sebastian Tetuan YH Teh & Quek 15-02 Menara Centara, No.360, Jalan Tuanku Abdul Rahman 50100 Kuala Lumpur. For the Defendant: Nama Peguamcara: Ooi Xin Yi / Low Yen Hau / Lai Chee Hoe / Deyvinah Tetuan Chee Hoe & Associates Level 1, Conservatory, No. 7, Lorong Travers, Bukit Persekutuan, 50480 Kuala Lumpur.

American Cynamid Co. V Ethicon Ltd ]1975] a All ER 504; Keet Gerald Francia Noel John V Mohd Noor Abdullah & Ors [1995] 1