Retiree wins appeal to add condo management in negligence suit

 

The Court of Appeal said the case centred around the condominium management’s failure to properly maintain and manage the common property, resulting in damage to the private unit.

PUTRAJAYA: 

A retiree won his final appeal to reinstate a management corporation of a condominium in Subang Jaya as a party to a negligence suit after burglars entered his home and walked away with RM150,000 in cash and valuables five years ago.

A three-member Court of Appeal bench chaired by Justice See Mee Chun said the case was not about whether the USJ Sri Bayu Management Corporation was liable and responsible for damage to a private unit belonging to S Muraldharan.

Rather, she said, the case centred around the condominium management’s failure to properly maintain and manage the common property, resulting in damage to the private unit.

“Therefore, we find that this is not a plain and obvious case for striking out (the management) as the claim is obviously sustainable,” said See, who sat with Justices Hashim Hamzah and Faizah Jamaludin.

See said Muraldharan’s cause of action is premised on the common law of negligence.

She said it was not disputed that the condominium management owed a duty of care to properly maintain and manage the common property of the condominium under the Strata Management Act 2013.

“The issue to be tried is whether the respondent failed in its duty to properly maintain and manage the common property, and whether such failure – if proven – caused the alleged loss and damage to the appellant (Muraldharan),” she said.

The bench also ordered the condominium management to pay RM15,000 in costs to Muraldharan and fixed case management at the Shah Alam sessions court on Friday, with the suit to be heard later.

Muraldharan, a former finance manager of an oil palm company, had named USJ Sri Bayu and Galaxyforce Security Services Sdn Bhd – which the condominium management had employed – as defendants.

Following today’s ruling, both defendants would be jointly tried.

Muraldharan said he had to incur expenses to fix his condominium unit, which was damaged after a July 30, 2019, burglary.

On Feb 12, 2020, Muraldharan filed a suit in the sessions court against the condominium management for negligence in poorly maintaining and managing the security and safety of the common property.

The condominium management filed an action to strike out the suit, which was allowed on Aug 7, 2020. The High Court went on to dismiss Muraldharan’s appeal the following year.

The condominium management took the position that Muraldharan had no cause of action and they did not owe him a duty of care.

Lawyers G Ragumaren and Darryl Ragumaren represented Muraldharan while Lee Oi Yin acted for the corporation. - FMT