Judge Nurulhuda Nur’aini Nor ruled in favour of 167 unit owners in the high-end Princess Cove condominiums that R&F Development Sdn Bhd had delayed its application to the authorities for strata titles.

She declared that the developer had violated clause 11(1) of the SPAs by failing to apply for the titles to the units as soon as possible as stipulated in the Strata Titles Act 1985.

However, Nurulhuda said she took notice of the fact that the titles have since been issued and did not award damages to the owners.

She awarded costs of RM10,000 in favour of the owners.

When contacted, counsel for the owners, NG Vinod, said the owners did not pursue their claims for damages as the titles have now been issued.

“But this decision serves as a precedent to other home buyers to ensure developers stick to the SPA when it comes to getting the applications for individual titles,” he told FMT.

The owners, mostly foreigners, sued the developer in February for the delay in ensuring the strata titles were issued.

The purchasers comprised those from Singapore (76), Malaysia (58), China (30), the US (two) and Indonesia (one).

In their originating summons, the owners said the housing project had been completed and issued with a certificate of completion and compliance (CCC) in November 2018 and had been fit for occupation since.

However, they said the developer had failed to submit a proposed strata plan to the director of survey (Jupem) within six months of that date, as required under the law.

The condominium units were purchased at between RM900,000 and RM1.5 million each.

The developer, R&F Development Sdn Bhd, is a subsidiary of R&F Properties, a leading developer in China.