Saujana Triangle Sdn Bhd v Armanee Terrace Joint Management Body & Ors

Appellant(s): Saujana Triangle Sdn Bhd

Respondent(s):

• Armanee Terrace Joint Management Body
• Ashok Kumar A/L Jayantilal
• Celestine Ts Vincent
• Nik Ahmad Najib Bin Nik Abdullah
• Vincent Choy
• Yasmin Bt Yusof
• Julia Bin Baharuddin
• Anand Rajasingham

• YA Datuk Ravinthran a/l Paramaguru
• YA Dato' Collin Lawrence Sequerah
• YA Datuk Dr Lim Hock Leng

• The developer (appellant) initiated legal action against the Joint Management Body (first respondent) and its committee members (second to eighth respondents) for allegedly obstructing access to Block B of a condominium project.
• The obstruction, which occurred via Block A (the only access point), purportedly delayed the completion of essential utility works for Block B.
• This delay allegedly caused the developer to incur Liquidated Ascertained Damages (LAD) for late delivery of vacant possession and suffer losses from lost sales and rentals, leading to claims of unlawful interference, conspiracy to injure, and breach of statutory duty.

• Whether the High Court erred in its assessment of the elements for the torts of unlawful interference with economic interests and unlawful means conspiracy, particularly regarding the requirement of unlawful means and intention to injure.
• Whether the first respondent, as a Joint Management Body, had breached its statutory duties under the Strata Management Act 2013, and if such duties applied to Block B prior to the delivery of vacant possession.
• Whether the High Court was correct in applying the doctrine of *res judicata* to bar the developer's claims, and if the developer had sufficiently proven the actual extent of its alleged loss and damage.

• The Court of Appeal allowed the appeal, finding the High Court plainly wrong on the torts of unlawful interference and unlawful means conspiracy, as the respondents' acts were unlawful and their intention to injure was established.
• The Court affirmed that the first respondent did not breach its statutory duties under the Strata Management Act 2013, as such duties for management and maintenance of Block B had not yet arisen prior to vacant possession.
• The Court reversed the High Court's *res judicata* finding, holding that the causes of action for damages crystallized after the earlier proceedings and a prior consent judgment was not an adjudication on merits; however, due to insufficient proof of actual loss, only nominal damages of RM10,000.00 were awarded.