Strata Management Act 2013 · Updated to 8 Feb 2013 · Part IX · Disputes and Strata Management Tribunal
114. Determination of rules and procedure
Official textFrom Laws of Malaysia Online, unchanged
The Tribunal may conduct the proceedings in such manner as it considers appropriate, necessary or expedient for the purpose of ascertaining the facts or law in order that it may determine a claim.
Tribunal
“Tribunal” means the Strata Management Tribunal established under Part IX;
The powers conferred upon the Tribunal under subsection (1)
shall include the following:
to determine when and where any part of the proceedings is to be held;
to determine the language or languages to be used in the proceedings and whether translations of any relevant documents are to be supplied;
to make interlocutory orders;
to determine the relevancy, admissibility and weight of any evidence without being bound by the rules of evidence under the Evidence Act 1950 [Act 56];
to draw on its own knowledge and expertise;
to order the provision of further particulars in a statement of claim or statement of defence;
to order the giving of security for costs;
to make an on-site inspection of the building or land which form the subject matter of the claim;
to order samples to be taken from, or any observation to be made of or experiment conducted upon, any parcel or common property or limited common property which is or forms part of the subject matter of the claim;
to order the discovery and production of documents or materials within the possession or power of a party;
to order the preservation and interim custody of any evidence for the purposes of the proceedings;
to order the interrogatories to be answered;
to order that any evidence to be given on oath or affirmation; and
to summon the parties to the proceedings or any other person to attend before it to give evidence or to produce any document, records or other thing in his possession or otherwise to assist the Tribunal in its deliberations.
A summons issued under paragraph (2)(n) shall be served and enforced as if it were a summons issued by a court.
Terms defined in this Act
claim
Defined · s 101“claim” means a proceeding before the Tribunal between a claimant and a respondent.
limited common property
Defined · s 2“limited common property” means such part of the common property in a lot— (a) that is designated in a comprehensive resolution referred to in section 17a of the Strata Titles Act 1985 for the exclusive benefit of the proprietors of two or more, but not all, parcels; and (b) for which a certificate has been issued by the Director certifying that the subsidiary management corporation has been constituted under the Strata Titles Act 1985;
party
Defined · s 101“party” means a claimant or respondent and includes any person joined as a third party;
Tribunal
Defined · s 2“Tribunal” means the Strata Management Tribunal established under Part IX;