A three-member bench chaired by Justice Lee Swee Seng said in an unanimous decision that this was not a clear case for striking out.

Lee also said the purchasers’ action would be heard together with First Residence Management Corporation’s (FRMC) suit against the developer TSI Domain Sdn Bhd and the disputed strata title holder TSI Property Management Sdn Bhd to claim 115 car parking spaces as common property.

Justices Azimah Omar and Azizul Azmi Adnan were also on the panel hearing the appeal yesterday.

The trial date has been fixed for Sept 12, 2025 at the Kuala Lumpur High Court.

According to the case, 50 plaintiffs entered into a sale and purchase agreement with the developer to buy condominium units costing about RM240,000 each between 2008 and 2010, while another 48 subsequent purchasers bought at differing prices.

All the purchasers named TSI Property Management as the first defendant in the suit filed in 2022 for misrepresentation and breach of contract.

The developer transferred the ownership of the parking spaces and a store converted into an office to TSI Property Management, which now wanted to remove the security gates and guards from the main entrance.

The purchasers also claim that the developer had amended the building plans without their written consent.

In its defence, the developer pleaded that the representation in the sales brochure could not be considered terms of the sale and purchase agreement.

The developer also pleaded that the development order by Kuala Lumpur City Hall did not require it to provide parking spaces for the use of the residents and/or occupants.

The defendants filed an application to strike out the suit on the grounds that the purchasers lacked the legal standing to claim the parking spaces.

Further, they said FRMC had already filed a suit for the parking spaces and the action filed by the purchasers amounted to a multiplicity of proceedings.

Last year, the High Court allowed the defendants’ application to strike out the suit.