Lawsuits Anjung Hijau

General information on what Anjung Hijau Owners & Residents need to contribute and work together to re-build the Property back to Order.

*************************

1. Within a period of about one year, three (3) lawsuits were filed against PPAH: 

I. The first lawsuit in the High Court involves a first AH owner as plaintiff suing Perbadanan Pengurusan Anjung Hijau (PPAH) over removal of an air-conditioning wall unit. The High Court awarded to the plaintiff (represented by his own legal firm) with costs & damages of Rm 193,000.00 & Rm 645.566.00 respectively. The defendant, PPAH then appealed on the decision of the High Court. The appeal was rejected by the Court of Appeal and additional cost of Rm 5,000.00 imposed on PPAH. All these payments are likely to be drawn from PPAH management funds. 

II. The second lawsuit involves the same AH Owner suing PPAH and Council members for defamation. This case was withdrawn and the Court costs of Rm 5,000.00 awarded to PPAH.

III. The third lawsuit involves a second AH owner (represented by the first AH owner) disputing the validity of the 3rd AGM of PPAH and that the 7 nominated Council Members were not elected through proper procedures. During the hearing by the High Court, the defendants (PPAH & the 7 Council members) called for the 4th AGM as the term of the 3rd AGM was coming to the end. As the lawsuit involves dispute on the validity of the 3rd AGM, the High Court then sighted the 7 Council members for Contempt and Injunct all members from representing the PPAH. The High Court then appointed Professor Dr. Ho as Interim Administrator. This lawsuit has gone through numerous hearings. The latest hearing on 7th May 2012 ruled the Injunction on the 7 ex-Council Members remains and hearing adjourned to 26th June 2012 to hear the Originating Summons of the lawsuit.

2. From the above development, the third lawsuit is not likely to end until further Court hearings. The election for new Council members is now about six months passed the term ending of the 3rd AGM.

3. There are numerous critical issues that all Owners are to pay special attention when the 4th AGM is called in the future:

I. Need to elect committed Owners to take over the managing of PPAH to put matters to order and revert to peaceful environment as soon as possible.

II. For Owners to be allowed to participate in the 4th AGM, the payment of management fees and all owing to PPAH must be settled when the meeting is called.

III. Need to identify suitable Owners of various professional & management knowledge to consider key issues, to highlight a few, appoint Professional Managers to run PPAH; review & structure the PPAH Office Rules; formulate Policies on procurement, tendering of contracts, security & safety issues etc..

IV. Look into the concerns on Costs & Damages from the first lawsuit and understand why and how the Lawyers of PPAH (appointed by the Interim Administrator) did not appeal for reduction of the amount. 

V. Owners need to stay focus on the critical issues to enhance PPAH Values.