Perbadanan Pengurusan Seri Cendekia v. Chee Keng Properties Sdn Bhd & Anor [2013] 1LNS 236, (Kuala Lumpur).
Civil Procedure: Striking out – Application for – Writ and statement of claim.
Issues:
Whether the plaintiff’s right to manage and maintain the common property of the Condominium extended to or covered the 13 parcels of Strata Title registered in the 1st defendant’s name.
Whether plaintiff’s Writ of Summons and Statement of Claim should be struck out for disclosing no reasonable cause of action or defence.
Whether it was scandalous, frivolous or vexatious and otherwise an abuse of process of the Court
Land Law: Strata title – Common property – 13 parcels of Strata Titles registered in 1st defendant’s name.
Whether the plaintiff’s right to manage and maintain the common property of the Condominium extended to or covered the 13 parcels of Strata Title registered in the 1st defendant’s name.
Whether plaintiff’s Writ of Summons and Statement of Claim should be struck out for disclosing no reasonable cause of action or defence.
Whether it was scandalous, frivolous or vexatious and otherwise an abuse of process of the Court
Land Law: Strata title – Common property – 13 parcels of Strata Titles registered in 1st defendant’s name.
Civil Procedure: Striking out – Application for – Writ and statement of claim.
Issues:
Whether the plaintiff’s right to manage and maintain the common property of the Condominium extended to or covered the 13 parcels of Strata Title registered in the 1st defendant’s name.
Whether plaintiff’s Writ of Summons and Statement of Claim should be struck out for disclosing no reasonable cause of action or defence.
Whether it was scandalous, frivolous or vexatious and otherwise an abuse of process of the Court
Land Law:
Strata title – Common property – 13 parcels of Strata Titles registered in 1st defendant’s name.
Issues:
Whether plaintiff had any claim, right or title to the 13 parcels of Strata Titles as common property
– Whether 1st defendant’s interest in the 13 Titles was indefeasible under the National Land Code 1965.
Whether 1st defendant was free to sell them for valuable consideration, which it did
– 13 parcels of Strata Titles were already in existence prior to the plaintiff’s establishment and duly reflected in the Certificate of Establishment.
Whether any possibility of any fraud and negligence perpetrated by 1st defendant on the plaintiff –
Whether plaintiff stopped from denying 1st defendant’s interest in the 13 parcels of Strata Titles
Held:
1st Defendant’s application to strike out Plaintiff’s Writ of Summons and Statement of Claim allowed.
Issues:
Whether the plaintiff’s right to manage and maintain the common property of the Condominium extended to or covered the 13 parcels of Strata Title registered in the 1st defendant’s name.
Whether plaintiff’s Writ of Summons and Statement of Claim should be struck out for disclosing no reasonable cause of action or defence.
Whether it was scandalous, frivolous or vexatious and otherwise an abuse of process of the Court
Land Law:
Strata title – Common property – 13 parcels of Strata Titles registered in 1st defendant’s name.
Issues:
Whether plaintiff had any claim, right or title to the 13 parcels of Strata Titles as common property
– Whether 1st defendant’s interest in the 13 Titles was indefeasible under the National Land Code 1965.
Whether 1st defendant was free to sell them for valuable consideration, which it did
– 13 parcels of Strata Titles were already in existence prior to the plaintiff’s establishment and duly reflected in the Certificate of Establishment.
Whether any possibility of any fraud and negligence perpetrated by 1st defendant on the plaintiff –
Whether plaintiff stopped from denying 1st defendant’s interest in the 13 parcels of Strata Titles
Held:
1st Defendant’s application to strike out Plaintiff’s Writ of Summons and Statement of Claim allowed.