By John Chan
On 21 May 2020, the Federal Court dismissed JMB Menara Rajawali and Denflow Sdn Bhd’s (Applicants/Defendants) application for leave to appeal to the Federal Court against the Court of Appeal’s decision in favour of Muhamad Nazri Bin Muhamad (Respondent/Plaintiff).
Previously on 4 October 2019, the Court of Appeal in its landmark decision had unanimously held that a joint management body (JMB) is required to determine and fix only one single rate of maintenance charges for all types of parcels in a strata scheme.
The Federal Court dismissed the Applicants/Defendants’ application for leave with costs of RM20,000 and RM10,000 against the 1st and 2nd Applicants/Defendants respectively.
Given the Federal Court’s decision above, the Court of Appeal’s decision and reasons remain good law and binding precedent.
Counsel for the Applicants/Defendants – A Onn & SP Ng; M/s Onn & Partners
On 7 October 2019, we published an article on the Court of Appeal’s decision here.
On 22 October 2019, we reported on the Court of Appeal’s full grounds of judgment here.
On 30 October 2019, we responded to various criticisms against the Court of Appeal’s decision here.
Note: This article does not constitute legal advice to any specific case. The facts and circumstances of each and every case will differ and therefore will require specific legal advice. Feel free to contact us for complimentary legal consultation.
By John Chan