Further to our earlier announcement on 8 March 2022 with regard to the Writ of Summons No. WA-22NCC-82/2018 (the “Civil Suit”), and Statement of Claim filed on 28 February 2018 served on Maybank Trustees Berhad, as Trustee for AmFIRST Real Estate Investment Trust (“AmFIRST REIT Trustee”) we wish to announce that there has been further developments to AmFIRST REIT Trustees’ application to the Court to strike out the Plaintiffs’ claims (the “Application”).
The Federal Court had earlier today heard the Application filed (No.: 08(i)-17-01/2022(W)) by Looi Seow Leng for Leave to Appeal to the Federal Court on several questions of law touching on the interpretation of certain sections of the Strata Management Act 2013.
The Federal Court was of the view that further argument was necessary on the following matters:-
- whether a claim for refurbishment costs is a “dispute or complaint” which can be referred to the Tribunal under the provisions of the Strata Management Act 2013;
- whether the Tribunal has the jurisdiction by Section 105 read together with Part 1 of the Fourth Schedule to hear claims on refurbishment costs pursuant to Section 52 of the Strata Management Act 2013;
- whether the Tribunal has the jurisdiction to hear claims which are premised on allegations of conspiracy, breach of fiduciary duties and matters which do not fall within Part 1 of the Fourth Schedule of the Strata Management Act 2013 and whether the Tribunal can grant relief on such claims; and
- whether Section 106 ousts the jurisdiction of the Court to grant certain reliefs like declarations.
The above questions and issues will have to be argued in the Appeal proper before the Federal Court expresses its opinion.
The Leave Panel of the Federal Court was of the opinion that the above questions of law are of public importance as they concern the jurisdiction of the Tribunal to hear a dispute the refurbishment expenses in the light of previous decisions of the Court of Appeal in the cases of Endah Parade, Sungei Wang and Ekuiti Setegap and to resolve the controversy.
We will make further announcements as and when deemed appropriate if there are any further developments on this matter.
This announcement is dated 15 September 2022.
