Bangsar Park is a residential suburb in Kuala Lumpur, Malaysia.
A part of Bangsar Park became a gated and guarded scheme (G&G) from 2 January 2017.
As a result of this, the incidences of crime within the G&G areas had dropped from a very high rate and almost daily occurrence to zero incident.
We now enjoy a sense of safety and security, not only for their homes, but also during their daily excursions in the area.
This state of affairs is now being threatened by a house owner and his tenant outside our G&G areas.
In summary, his complaint is that there is no legislation to allow for G&G schemes to be set up, and that the setting up of G&G scheme breaches laws and his rights. He persists with his complaints despite us having obtained approval from all relevant authorities.
Without respect to all the approvals that we had gotten, he has initiated a civil suit against the BPRA essentially seeking a declaration that the G&G scheme is illegal and claiming for damages.
This litigation is currently ongoing and does not look set to end soon. This suit against BPRA is also the first of its kind against G&G schemes. That means the stakes in this case are very high.
The legality and very existence of the G&G scheme depends on the outcome of this case. If we win this case, then the G&G scheme can continue to operate without fear of future litigation against us.
However, if we lose this case, it means that all G&G schemes similar to ours throughout Malaysia may have to cease, and with that our security and peace of mind.
Our lawyers, Messrs Fahri & Co., are optimistic that BPRA can successfully defend the claim in law and fact. The case right now is still at a preliminary stage in the Kuala Lumpur High Court.
We have recently amended our defence to include an additional argument. The purpose of this is to have this case decided on a point of law and to avoid a full trial, as well as the cost of such a trial.
The Plaintiffs are now amending their Statement of Reply and we expect to receive that soon. After that, BPRA will be filing an application to determine whether it was right for the Plaintiffs to sue BPRA.
Essentially, we are contending that the Plaintiffs should have been seeking a judicial review against the authorities instead of suing BPRA.
Financing this litigation for BPRA is and continues to be a major challenge for us. To date, we have spent approximately USD 29,000.00 (MYR 120,000.00) on legal fees, court costs and expenses.
We must raise a further amount of at least USD 40,000.00 (MYR 150,000.00) to cover the future legal fees, court costs and expenses that we will incur, if the case drags on and goes to the appeal and higher courts.
We cannot emphasize enough just how important this case is. Our present way of life will be drastically changed if we lose this case. Please help keep Bangsar Park as a safe residential area.
We are appealing to all of you for your contribution to help the BPRA pay for this litigation because the subscriptions that we receive are insufficient to cover the costs.
We would be grateful if you could also help us by contacting your friends in other residents’ associations, concerned citizens, NGOs and well-wishers who may be able to help us to raise these funds.
If you require any further information, please do not hesitate to contact us at [email protected]
Bangsar Park Residents’ Association