Developer, 6 others ordered to return RM1.13mil to JMB
PETALING JAYA : The High Court in Ipoh has ordered a property developer and six other defendants to refund RM1.13 million to a joint management body (JMB) after the sum was paid out for improper purposes.
The developer, Haven Sdn Bhd, was also ordered to pay rental despite previously securing a 10-year rent-free concession from the JMB.
Justice Abdul Wahab Mohamed said the eight plaintiffs, comprising residents and condominium owners of Haven Lakeside Residences in Tambun, had proven their case on a balance of probabilities.
The eight filed the suit in 2020, claiming that the defendants had used the JMB's sinking fund to pay land amalgamation premiums and build a tennis court.
About RM950,000 was paid towards the premiums, while another RM180,000 was utilised to build the tennis court.
The court also found that the JMB had improperly given the developer a 10-year rent-free lease of a section of the common property, which was used to run a spa and restaurant.
The six other defendants against whom judgment was entered were the joint management council (JMC), its former chairman Megat Najmuddin Megat Khas, JMC members Peter Chan and Amy Lau, the JMB, and land owner Superboom Sdn Bhd.
Wahab ordered the defendants, except the JMB, to pay RM100,000 in costs to the plaintiffs.
He also ordered that a forensic audit be conducted, but granted the defendants an interim stay of his ruling.
Lawyer Patrick Samuel Sebastian appeared for the plaintiffs while counsel Rabinder Singh and Surindar Singh acted for the defendants.
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