Victory in Condo Renovation Dispute in Malaysia (Court of Appeal)
We, JY Ko Advocates & Solicitors has achieved another significant courtroom victory in a high-profile strata law dispute between a condominium management corporation and a property owner.
The case, La Grande Kiara Management Corporation v. Global GT (M) Sdn Bhd [2024] CLJU 1031, was decided by the High Court of Malaya at Kuala Lumpur, on 8th May 2024 where our client, Global GT (M) Sdn Bhd, successfully defended claims of alleged trespass, nuisance, and unauthorized renovations. The case was handled by our Partner, Mr. Ko Jie Yang in his previous firm and has been transferred to our firm (JY Ko Advocates & Solicitors).
Following the High Court win, the Plaintiff (La Grande Kiara Management Corporation) appealed the decision — but during the hearing on 23 October 2025, the Appellant withdrew its appeal (following an approved Motion in the Appellant’s AGM in June 2025), and the Court of Appeal ordered the Appellant to pay RM 20,000.00 in costs to our client as the Respondent.
We wish to highlight that costs of RM 20,000.00 for withdrawal of appeal is very high (and of course, satisfactory), and is equivalent to costs awarded after a full appeal hearing.
Background of the Case
The dispute arose from renovations made by the Defendant, Global GT (M) Sdn Bhd, to its penthouse unit at La Grande Kiara Condominium, which included the enclosure of a balcony, conversion of the open-concept Japanese Garden into an enclosed karaoke room, and installation of a solar panel on the rooftop.
The Plaintiff alleged that these renovations were carried out without approval and sought to compel the Defendant to restore the unit to its original condition. However, the Defendant maintained that all renovation works had been approved by the condominium’s management through the proper procedure and documented authorizations.
High Court’s Key Findings
After a full trial, Learned High Court Judge John Lee Kien How @ Mohd Johan Lee found that the management corporation had failed to prove its case. The Court held that:
- The renovation plans and drawings were duly submitted to the Property Manager via the Notice of Renovation dated 14 February 2012.
- The Property Manager, Maintenance Manager, and Head of Safety and Security had approved and later refunded the security deposit—confirming the Plaintiff’s knowledge and acceptance of the works.
- The Letter of Support issued by the Plaintiff’s Property Maintenance Assistant was valid and constituted written consent from the management.
- The installation of the solar panel was also approved during the 25th Management Committee Meeting on 21 July 2012.
- The Plaintiff failed to call key witnesses such as the Property Manager and Maintenance Officer to challenge these facts.
The Court concluded that the renovations were properly approved and that the Plaintiff’s claim was without merit. Accordingly, the High Court dismissed the Plaintiff’s suit, allowed our Client’s (Defendant’s) counterclaim, and awarded costs of RM 20,000.00 to the Defendant.
Appellant Withdraws Appeal – Another Win for JY Ko Advocates & Solicitors
On 23 October 2025, the Plaintiff (now Appellant) appeared before the Court of Appeal for the Appeal Hearing to challenge the High Court’s Judgment. In an unexpected turn of events, the appeal was voted to be dropped in an AGM where our Client had submitted the motion themselves. Bound by the decision of the AGM, the Appellant withdrew the appeal before the panel of judges.
We were bound by our Client’s instructions to ask for RM 50,000.00 costs since our Client was prejudiced in the manner of the withdrawal, including a last-minute application for postponement which were rejected by the Court of Appeal.
The Court of Appeal ordered the Appellant to pay RM 20,000.00 in costs to the Respondent, reaffirming the strength of the High Court’s findings and the soundness of the defense mounted by JY Ko Advocates & Solicitors.
This outcome solidifies our firm’s reputation for robust litigation strategy and deep expertise in strata management disputes under the Strata Management Act 2013 and Strata Titles Act 1985.
Comment from JY Ko Advocates & Solicitors
Speaking after the withdrawal of the appeal, our Partner Mr. Ko Jie Yang, lead counsel for the Defendant/Respondent, expressed satisfaction with the outcome and commented:
“This case reaffirms that condominium management bodies must act within their authority and cannot retrospectively challenge approved works after years of inaction. The High Court’s decision — now unchallenged — confirms that proper procedure and evidence always prevail.”
The firm emphasized that this victory reflects its commitment to protecting property owners’ rights, particularly in disputes involving Management Corporations (MCs), Joint Management Bodies (JMBs), and renovation or compliance issues under Malaysian strata law.
Legal Significance
This case serves as a landmark reminder that:
- Management Corporations must maintain accurate records of approvals and minutes;
- Property Managers’ and Maintenance Officers’ authorizations bind the MC;
- Long delays in bringing claims can undermine credibility and may be viewed as acquiescence; and
- Documentary proof such as renovation notices, deposits, and letters of support are critical in defending against MC actions.
For developers, residents, and strata managers, the ruling underscores the importance of clear communication and procedural compliance to avoid costly disputes.
About JY Ko Advocates & Solicitors
JY Ko Advocates & Solicitors is a Kuala Lumpur-based law firm with a proven track record in civil litigation, property disputes, and strata management law. The firm regularly represents Management Corporations, Joint Management Bodies, and individual proprietors in complex disputes involving renovation approvals, maintenance fund issues, trespass claims, and enforcement of by-laws.
With successful cases across Malaysian courts, the firm is recognized for its strategic litigation planning, evidence-driven advocacy, and courtroom precision.
Need Legal Help with a Condominium or Strata Dispute?
If you are facing issues involving your Management Corporation (MC), Joint Management Body (JMB), or renovation approvals, consult our experienced team today.
Contact JY Ko Advocates & Solicitors to make an appointment today!
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Disclaimer: The above proposition is subject to actual facts and circumstances and shall never be referred as the actual law without seeking legal advice. Consult us for more information!