PUTRAJAYA (Dec 1): The Federal Court has dismissed an application by the Phileo Damansara 1 (PD1) management corporation seeking permission to appeal its attempt to levy different maintenance charges across units in the development.
In a unanimous decision on Nov 25, the bench, led by Datuk Rhodzariah Bujang and joined by Datuk Seri Vazeer Alam Mydin Meera and Datuk Mohd Nazlan Mohd Ghazali, held that the issues raised were neither novel nor of public importance, affirming the Court of Appeal’s (COA) decision.
The COA, in its July 2 ruling, determined that PD1 is a purely commercial development, and the management corporation’s attempt to classify offices, shops, and carparks into separate categories lacked factual and legal support. The allocation of costs was deemed “hypothetical,” “arbitrary,” and unsupported by actual maintenance expenditure.
Under Section 60(3)(b) of the Strata Management Act 2013, a management corporation may impose different rates only when parcels serve “significantly different purposes”, a criterion the court found PD1 did not meet.
The respondent, SCP Assets Sdn Bhd, which owns all car parks in PD1, successfully opposed the appeal.
