COURT DECISIONS

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Links to  websites for other sources of court decisions:

Malaysia Court Homepage - http://www.kehakiman.gov.my

Cases from Malaysia, Singapore and Other Jurisdictions - http://www.ipsofactoj.com

Emko Properties Sdn Bhd v. Lee Choong Kheng 11 OCTOBER 1996 - HIGH COURT MALAYA, SHAH ALAM
[ORIGINATING SUMMONS NO: 24-540-1990]
 

Contract: Sale and purchase of property - Townhouse - Application for a declaration that the defendant is laible to pay RM60 per month for maintenance upkeep and repair of communal facilities - Whether the purchaser of a townhouse should pay the developer a charge for the maintenance upkeep - Proper construction of the sale & purchase agreement - Principles applicable - Rules of High Court 1980 O. 7 r. 2

Esther Tan Wooi Hong & Ors V. Saujana Holdings Sdn Bhd & Ors 25 JULY 1996 - HIGH COURT MALAYA, PENANG [ORIGINATING SUMMONS NO: 24-1134-95]
 

CIVIL PROCEDURE: Jurisdiction - Inherent jurisdiction of Court - Purchasers of apartment units unable to trace owner of land on which apartments were built - Onus on owner to apply for strata titles - Whether Court can grant property manager leave to apply for strata titles on purchasers' behalf - Principles applicable - Rules of the High Court 1980, O. 92 r. 4 - Strata Titles Act 1985, ss. 7 & 8