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STRATA MANAGEMENT: Tribunal bound by pleadings

The Strata Management Tribunal is bound by the 4 corners of pleadings filed before it. In Foo Kok Kheong & Anor v Tribunal Strata & Anor [2024] MLRHU 1285, the High Court held that:

 

“[44] In any event, I have gone through the Statement of Defence and Counterclaim of the applicants in AIS-4, which were not processed by the Tribunal due to technical non-compliance. The Counterclaim did not even challenge the legality of the levy, collection of maintenance charges and/or sinking fund. It only arose in this application for judicial review. Even if the Statement of Defence and Counterclaim were to be processed by the Tribunal, the applicants are bound by their pleadings. The Tribunal, just like any other Tribunal, must confine itself to the four corners of the pleading; see Ranjit Kaur v Hotel Excelsior (M) Sdn Bhd [2010] 8 CLJ 629 FC.”

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