News by Hafiz Yatim

In a landmark judgement last week involving a property development project in Penang, the Court of Appeal (COA) ruled that for mixed developments, a single joint management body (JMB) should operate, and there should not be different managements for commercial and residential properties in the running of maintenance and management of the development.

The Court of Appeal last week dismissed an appeal by a landowner-cum-developer for loss of profit/business disturbance following the acquisition of almost two acres of its 4.53 land in Klang for the construction the West Coast Expressway (WCE).

The Seremban High Court has fixed May 19 to deliver its decision on mesne profit sought by Semantan Estate (1952) Sdn Bhd in its legal battle against the Malaysian government over the acquisition of the 'Duta Enclave'.

The High Court has maintained the April 3 and April 10 hearing dates for the court to determine the rightful compensation to be paid to Semantan Estate (1952) Sdn Bhd based on the 1956 land acquisition of the prime “Duta enclave” which the court had deemed the government as having trespassed.

The Kuching High Court, in a landmark decision, ruled that the Sarawak Strata Management Ordinance 2019 (SMO), which came into force on March 1, 2022, cannot be applied retrospectively.

She decided to dismiss a suit filed by a group of 216 homeowners seeking a declaration that resolutions imposing different maintenance charges are unlawful under Act 757.

A three-member Court of Appeal bench ruled on Tuesday (Nov 25) that a pool, clubhouse, and two other land plots for a Tenaga Nasional Bhd (KL:TENAGA) substation and a proposed commercial building are the “common property” of a condominium complex in Langkawi, Kedah.

Bridgex had claimed unpaid debts amounting to close to RM68 million.

The High Court on Monday (Nov 17) instructed the government and Semantan Estate (1952) Sdn Bhd to update the court on how the assessment for the payment of compensation/damages will take place following the illegal acquisition of the "Duta enclave" land in 1956.

Semantan Estate (1952) Sdn Bhd may consider filing for a review of Thursday’s Federal Court decision, which rejected its appeal for the physical recovery of the ‘Duta Enclave’ land and the transfer of the registration of the title to the company.