Appeals court upholds ruling against Princess Cove developer

Appeals court upholds ruling against Princess Cove developer

PETALING JAYA: The Court of Appeal has ruled that the developer of a luxury condominium project in Johor Bahru failed to deliver strata titles to unit owners within the time precribed by law.

A three-member panel upheld a decision handed down by the High Court in 2023 favouring 167 apartment owners of the high-end Princess Cove project.

The China-owned developer, R&F Development Sdn Bhd, was found to have failed to apply for individual strata titles to the units within three months of the project’s completion.

The Court of Appeal was told that project was completed in 2018 but the strata application was only submitted 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.

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It had claimed that the application for individual strata titles was submitted to the land office in June 2020, within one month of the proposed strata plan being certified, as required.

The company contended that the length of time taken by the relevant government authority to approve and issue separate titles to the unit was out of its hands. It said the Strata Titles Act did not impose any time limit for the issuance of separate titles to the units.

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.