CRITIQUE OF THE STRATA MANAGEMENT ACT’S ‘SOCIAL LEGISLATION’ PURPOSE IDENTIFIED IN INNAB SALIL v VERVE SUITES MONT’ KIARA [2020] 12 MLJ 16 (FC)

Abstract

This case note provides a critique of the ‘Social Legislation’ purpose of the Strata Management Act 2013 identified in Innab Salil & Ors v Verve Suites Mont’ Kiara [2020] 12 MLJ 16 (‘Verve Suites’). This case note suggests that the ‘social legislation’ purpose identified in Verve Suites achieved two purposes. First, it identified the Act’s broad legislative purpose and guided its statutory interpretation. Second, it provided a normative rationale which justified why it should be read as taking precedence over other legislation. However, it is suggested that the words ‘social legislation’ applied to the Strata Management Act 2013 may be a misnomer. It is proposed that the Federal Court should reconsider a restatement of its findings on the ‘social legislation’ purpose of the Strata Management Act 2013.