Skip to content
mylaw.myby aturio
In forceUpdated to 8 Feb 2013Read it in Bahasa Malaysia
Contents

Part IX · Disputes and Strata Management Tribunal

106. Exclusion of jurisdiction of court

In plain English

Once a claim within the tribunal's powers is filed, the same parties cannot take the same issues to court. This does not apply if the court case began first or the tribunal claim is withdrawn, abandoned or struck out. If the court case began first, the tribunal cannot hear those issues unless it is withdrawn, abandoned or struck out.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(1)

Where a claim is filed with the Tribunal and the claim is within the Tribunal’s jurisdiction, the issues in dispute in that claim, whether as shown in the initial claim or as emerging in the course of the hearing, shall not be the subject of proceedings between the same parties in any court unless—

(a)

the proceedings before the court were commenced before the claim was filed with the Tribunal; or

(b)

the claim before the Tribunal is withdrawn, abandoned or struck out.

(2)

Where paragraph (1)(a) applies, the issues in dispute in the claim to which those proceedings relate, whether as shown in the initial claim or emerging in the course of the hearing, shall not be the subject of proceedings between the same parties before the Tribunal unless the claim before the court is withdrawn, abandoned or struck out.

(3)

For the purpose of this section, a claim shall be deemed to have been made with the Tribunal when section 108 has been complied with.

Report

Read on from s 107

Part X

Read on from Part X

Part XI

Miscellaneous

Read on from Part XI

Schedules