Pavillion Summit Sdn Bhd & Ors (suing in their personal capacity as well as by way of representative action for all other parcel owners of Jaya One and derivative action for an on behalf of the Jaya One Management Corp) v Jaya One Management Corp & Ors [2022] 11 MLJ 206(High Court)
(Injunction to restrain holding of AGM and/or any EGM] Justin acted as counsel for 2nd, 3rd and 7th Defendants in this case. The 1st Defendant (Management Corporation) filed respectively applications to injunct themselves from holding and/or convening the AGM and any EGM and the High Court allowed the same and also held that there are serious issues to be tried to support the same. Issues that were raised include the jurisdiction of the Court to grant such injunction and also the right/locus standi of the MC to file for the same. {Note : the aforesaid High Court decision was reversed by the Court of Appeal on Appeal vide amongst others Civil Appeal No W-02(IM)(NCVC)-73-01/2022 & W-02(IM)(NCVC)-73-01/2022, where the Court of Appeal amongst others held that the holding of the AGM and EGM are mandatory and/or required under the Strata Management Act/laws}