JCW

[Common Property of “kindergarten” recovered in favour of Management Corporation (“MC”) – State title issued in respect of the said Kindergarten with accessory carparks was cancelled in favour of the MC, locus standi of MC to sue] Justin was the counsel for the plaintiff. The MC successfully sued and recovered the Kindergarten known as “Block J”. Block J was identified in the Development Order as “Kemudahan Umum Yang Disediakan”. The 1st defendant applied for Strata Title to be issued for Block J which was approved by the 3rd defendant. The 1st Defendant then sold the Block J to the 2nd defendant. The Court held that the MC had locus standi to file the suit for common property under Section 76(1) of the Strata Title Act 1985. Block J was held to be common property for the enjoyment of all the occupiers of the building. By rules of Section 42(1) of the Strata Titles Act 1985, the Plaintiff was the legal owners of Block J, the Strata Title of Block J was unlawfully issued and the 2nd defendant did not acquire an indefeasible title to Block J.