[2020] CLJ JT (3)
 
 

DUBON BHD v. WISMA COSWAY MANAGEMENT CORPORATION
FEDERAL COURT, PUTRAJAYA
AZAHAR MOHAMED CJ (MALAYA); DAVID WONG DAK WAH CJ (SABAH & SARAWAK);
ROHANA YUSUF FCJ; MOHD ZAWAWI SALLEH FCJ; NALLINI PATHMANATHAN FCJ
[CIVIL APPEAL NO: 02(f)-50-05-2019(J)]
21 MAY 2020

COMPANY LAW: Winding up – Proceedings against company – Leave to proceed claim against company as proprietor – Application for – Management corporation claimed for outstanding sums due and owed by company – Whether management corporation entitled to recover from proprietor guaranteed sum – Strata Management Act 2013, s. 77

LAND LAW: Strata title – Management corporation – Claim for outstanding sums due and owed by company as proprietor – Whether management corporation entitled to recover from proprietor guaranteed sum under s. 77 of Strata Management Act 2013 – Whether there was mandatory obligation on proprietors to pay amount incurred by management corporation in course of exercise of carrying out duties – Whether proprietors must settle outstanding amount before selling or transferring properties

STATUTORY INTERPRETATION: Interpretation of Act – 'shall by virtue of this section be guaranteed by the proprietors' – Strata Management Act 2013, s. 77 – Whether there was mandatory obligation on proprietors to pay amount incurred by management corporation in course of exercise of carrying out duties – Whether proprietors must settle outstanding amount before selling or transferring properties – Whether condition precedent in legal documents of transfer or sales of strata unit shares

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