The Court of Appeal has upheld that the developer of a luxury Johor Bahru condominium project failed to deliver individual strata titles to owners in time as required by law.
A three-member panel agreed with a High Court decision in 2023 in favour of 167 apartment owners of the high-end Princess Cove project.
The China-owned developer, R&F Development Sdn Bhd, was found to have delayed its application for individual strata titles for the apartments within three months of completion.
The Court of Appeal was told that project was completed in 2018 but the strata application was submitted only in March 2020.
The developer contended that they had discharged their duty under the law as the strata application was approved on Dec 6, 2022 and individual titles issued on June 6 the following year.
The company said the application for individual strata titles was submitted to the land office in June 2020, within one month of the certificate of proposed strata plan, as required.
How long the relevant government authority took to approve and issue the separate titles was not in its hands, and there was no time limit in the Strata Title Act for separate titles to be issued, the company argued.
The Court of Appeal panel comprised Justices Supang Lian, Alwi Abdul Wahab and Lim Chong Fong.
NG Vinod and Jackson Daniel appeared for the owners while Shereena Kaur Gill and Josiah Tea represented the developer. - FMT
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