MBSJ wins appeal over notice on bungalow parties

In a recent appeal, the Subang Jaya City Council (MBSJ) has secured victory against a High Court ruling that invalidated a notice demanding a homeowner to cease using his bungalow for short-term rentals. The three-member Court of Appeal, led by Noorin Badaruddin, upheld MBSJ's appeal and granted the council RM30,000 in costs. The dispute arose over the proper method of serving the notice to Yeoh Thiam Soon, who owned the three-storey property.

The council claimed to have served the notice personally, but Yeoh refused to meet the council's officers. Consequently, they served the notice on Yeoh's solicitors, who were already representing him in a related court case. The appeal court ruled that the High Court's interpretation of Section 87 of the Street, Drainage and Building Act 1974 was overly restrictive.

The court emphasized that service involves notification, and in this case, Yeoh had indeed received the notice through his solicitors. The appellate judges noted that Yeoh had no prejudice, as he was aware of the notice and could challenge it in court. Invalidating the notice under such circumstances could incentivize people to avoid proper service. The Court of Appeal deemed the High Court's decision to quash the notice as legally erroneous.