MBSJ wins appeal over notice on bungalow parties

The Subang Jaya City Council (MBSJ) has won its appeal against a High Court ruling that quashed a notice ordering a homeowner to stop using his bungalow for short-term rentals.

A three-member Court of Appeal bench chaired by Noorin Badaruddin, with Evrol Mariette Peters and Latifah Tahar, allowed MBSJ’s appeal and awarded the council RM30,000 in costs.

The bench set aside the High Court ruling and remitted the judicial review application by Yeoh Thiam Soon to the High Court to be heard on its merits.

The dispute centred on whether MBSJ validly served a notice under Section 87 of the Street, Drainage and Building Act 1974 on Yeoh’s solicitors instead of serving him personally.

The notice required Yeoh to stop using his three-storey bungalow for short-term rentals and celebrations and to abate the alleged nuisance.

The use of the property had generated complaints over loud music, noise, traffic congestion and rubbish from parties and other gatherings.

Peters, who wrote the judgment, said the High Court adopted an “unduly restrictive” interpretation of Section 120 of the Act, which deals with the service of notices.

“The purpose of service is notification,” she said, adding that the notice had in fact been brought to Yeoh’s knowledge through his solicitors.

The judgment said MBSJ first attempted to serve the notice on Yeoh personally, but he refused to meet its officers. The city council then served the notice on solicitors who were already representing him in a related magistrates’ court case involving MBSJ.

Peters said the solicitors were Yeoh’s agents, and their acceptance of the notice therefore amounted to effective service.

She also said Yeoh suffered no prejudice because he had actual knowledge of the notice and was able to challenge it in court.

Peters said invalidating the notice in such circumstances could effectively reward a person for avoiding service and create an incentive for others to do the same.

The court held that the High Court erred in law in quashing the notice.

Lawyers Manpal Singh Sachdev and Tan Weng Hung appeared for the council, while Lim Wei Han and Lum Pei Ying acted for Yeoh.

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