Posted on Mar 8, 2020

Veon Szu & Kok Thye (George Town Office)

A management corporation ("MC") sought to strike out my individual client's application for some discovery and declaratory orders against them. The MC argued that, if there is an overlapping of jurisdiction, my client should have filed his claim at the Strata Management Tribunal first, instead of coming straight to the civil court. We rebutted that the Strata Management Act 2013 allows my client to do so unless the monetary claim exceeds RM250,000/- or there exists multiple proceedings on a similar claim involving the similar parties.

After considering both parties' written and oral submissions, the learned Judicial Commissioner ruled in favour of my client by dismissing the MC's striking out application with costs. #stratamanagement #stratamanagemnttribunal #civilcourt #managementcorporation #stratamanagementact2013 #law
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