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    Foo Yau Lim Summary

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    Farhan Kamarudin
    The Court of Appeal allowed the appeal and set aside the High Court's order. The High Court had ruled in favor of the plaintiff and found issues with resolutions passed and council member elections at a condominium's AGM. However, the Court of Appeal found that the plaintiff did not exhaust the internal remedies through the Commissioner of Buildings or follow the proper procedures under the Strata Titles Act before filing the court case, which was intended to avoid costly litigation between owners and management corporations.

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    Foo Yau Lim Summary

    Uploaded by

    Farhan Kamarudin
    266 views4 pages
    The Court of Appeal allowed the appeal and set aside the High Court's order. The High Court had ruled in favor of the plaintiff and found issues with resolutions passed and council member elections at a condominium's AGM. However, the Court of Appeal found that the plaintiff did not exhaust the internal remedies through the Commissioner of Buildings or follow the proper procedures under the Strata Titles Act before filing the court case, which was intended to avoid costly litigation between owners and management corporations.

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    Land Law

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    The Court of Appeal allowed the appeal and set aside the High Court's order. The High Court had ruled in favor of the plaintiff and found issues with resolutions passed and council member elections at a condominium's AGM. However, the Court of Appeal found that the plaintiff did not exhaust the internal remedies through the Commissioner of Buildings or follow the proper procedures under the Strata Titles Act before filing the court case, which was intended to avoid costly litigation between owners and management corporations.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    266 views4 pages

    Foo Yau Lim Summary

    Uploaded by

    Farhan Kamarudin
    The Court of Appeal allowed the appeal and set aside the High Court's order. The High Court had ruled in favor of the plaintiff and found issues with resolutions passed and council member elections at a condominium's AGM. However, the Court of Appeal found that the plaintiff did not exhaust the internal remedies through the Commissioner of Buildings or follow the proper procedures under the Strata Titles Act before filing the court case, which was intended to avoid costly litigation between owners and management corporations.

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    You are on page 1of 4

    HIGH COURT

    The plaintiff was thus


    granted the prayers sought
    for in the originating
    summons with costs of
    RM20, 000 as costs thrown
    away and RM150,000 as
    indemnity costs to the
    plaintiff, to be paid by the
    second to the eighth
    defendants collectively.
    COURT OF APPEAL
    The appeal was allowed and
    set aside the order of the
    High Court with costs of
    RM100,000 here and below
    between proprietors.
    8

    Dr. MAZLIZA BT. MOHAMAD

    Foo Yau Lim & Ors


    v
    Dato Han Joke Kwang & Anor
    Civil Appeal No W-02- 2218-2012 (CA)

    Group 1 (Wednesday 1-2)


    Nik Nur Nadiya Nerissa bt Mohd Zahir
    Mohamad Farhan b. Kamarudin
    Nastasha Devia Poh
    Ho Xin Ying

    COURT OF APPEAL
    Tengku Maimun JCA

    ANJUNG HIJAU APARTMENT


    Under the Strata Titles Act 1985

    3rd AGM (9 October 2010)


    2

    The COB had informed the first defendant


    about the complaints received and had
    requested the latter to provide its
    feedback. The COB had also informed that
    a meeting would be held between the two
    parties to resolve the matter. However,
    without waiting for the meeting or for any
    resolution by the COB, the plaintiff had
    filed the originating summons. Hence, the
    plaintiff could not be said to have
    exhausted the internal remedies before
    coming to court and had not followed the
    procedure set out in the Act. The plaintiff
    did not follow the procedure set out in Act
    318, intended to avoid costly litigation
    between management corporations and
    owners of strata title units.

    Dato Han Joke Kwang

    HIGH COURT
    Abang Iskandar Abang Hashim J
    The High Court ruled in favor
    of the plaintiff:

    MANAGEMENT
    CORPORATION
    OF ANJUNG HIJAU
    APARTMENT

    (a) The resolutions passed were


    improperly tabled whereby
    there was a contravention of the
    Act;

    Defendant (HC) +
    Respondent (COA)

    (b) There were failures to observe


    the statutory requirements
    regarding the election of the
    council members.

    The proprietor of one unit of an


    apartment.
    Plaintiff (HC) + Respondent (COA)
    Z

    Foo Yau Lim & Ors


    The council members of
    management.
    Defendant (HC) +
    Appellants (COA)

    Commissioner of
    Buildings (COB)
    Liew Yeon Keong had raised
    complaints to COB (COA)

    HIGH COURT
    The plaintiff contended that
    the conduct of the third
    AGM by the defendants was
    in contravention of the
    statutory provisions in
    Act 318.

    HIGH COURT
    Under Act 318, residents should be
    given 14 days notice in advance
    specifying the proposed resolution prior
    to passing any resolution. The High
    Court agreed with the plaintiff that the
    resolutions were improperly tabled.

    COURT OF APPEAL
    (a) The statutory regime
    covering management
    corporations.
    (b) The Court has limited
    jurisdiction in this
    matters of dispute
    between proprietors.

    COURT OF APPEAL
    The Plaintiff could not be said to have
    exhausted the internal remedies
    before coming to court and had not
    followed the procedure set out in the
    Act. The plaintiff did not follow the
    procedure set out in Act 318, intended
    to avoid costly litigation between
    management corporations and owners
    of strata title units.
    5

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