Why Strata Management Tribunal Awards Do Not Trigger Res Judicata: Court of Appeal Clarifies A common misconception among property owners and management bodies in Malaysia is that the Strata Management Tribunal (SMT) functions exactly like a traditional civil court. Many believe that once the SMT delivers an award, the dispute is permanently locked under the legal doctrine of res judicata (which prevents the same parties from litigating the same issue twice). However, a landmark decision by the Court of Appeal has completely dismantled this assumption. In the case of Yong Kein Sin & Anor v Perbadanan Pengurusan Springtide Residences and other appeals , the Court of Appeal ruled that SMT awards do not automatically attract the application of res judicata . 1. The Legal Status: An SMT is an Inferior Tribunal, Not a Court The foundation of the Court of Appeal’s ruling rests on how the law defines an adjudicating body. Under Section 3 of the Courts of Judicature Act 1964 and Section ...
The Commentaries